NEW PRIVATE REMEDY AVAILABLE UNDER FNHRA – THE FEDERAL NURSING HOME REFORM ACT: QUARTERLY NEWSLETTER SUMMER 2023

On June 8, 2023, in Health and Hospital Corporation of Marion County v. Talevski, the United States Supreme Court held a nursing home resident may bring a private cause of action under 42 U.S.C. §1983 to enforce rights guaranteed under the Federal Nursing Home Reform Act (“FNHRA”).

The FNHRA is intended to ensure nursing homes that receive Medicaid funding respect and protect their residents’ health, safety, and dignity.

The Court’s decision is remarkable in that “Section 1983” claims are most commonly brought against a federal or state government entity, such as a law enforcement agency, claiming the plaintiff’s civil rights were violated (often by the alleged use of excessive force). However, as this decision demonstrates, Section 1983 claims are not limited to such circumstances. This decision obviously will apply to other government-owned nursing home facilities. However, it is unclear whether, or to what extent, this decision may apply to nursing home facilities that receive funding under the Medicaid Program but are not actually owned by a government entity.

–B. Thomas French