Public policy experts and advocates alike believe a ruling in favor of HHC would go far beyond nursing home residents. The case is set to be argued this week.
EDITOR'S NOTE: While this story was originally published on October 19, the information is still relevant in regards to the case below that is set to be argued before SCOTUS on November 8. This is why we're republishing it.
Ivanka Talevski, wife to the deceased, also claimed her husband was illegally transferred to another nursing facility which she argued is a violation of federal rights granted to nursing home patients. RELATED: Supreme Court Report from the National Association of Attorneys General on Health and Hospital Corp. of Marion County v. Talevski
"First, for decades, Congress has legislated against the backdrop that express rights derived from federal spending statutes may be enforced through Section 1983. The Federal Nursing Home Reform Act is one such piece of legislation. The text, legislative history, and origins of FNHRA show that Congress intended to permit individuals to seek remedies for violations of FNHRA’s “[r]equirements relating to residents’ rights” under Section 1983.
On the other side, HHC has found an ally in Attorney General Todd Rokita. He, along with 21 other AGs filed a brief in support of the corporation. Below is the statement Rokita released on this matter. Chair Robert Lazard reminded the crowd, before public comment, they were doing those who wanted to speak a courtesy by giving them time to voice their concerns. Lazard said public comments are not a requirement at their meetings.
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