On June 8, 2023, in Health and Hospital Corporation of Marion County v. Talevski, the Supreme Court, by a 7-2 decision, held that the Federal Nursing Home Reform Act (FNHRA) unambiguously creates a private right of action that is enforceable under 42 U.S.C. §1983. Section 1983 is a federal law that provides an individual the right to sue for violations of their constitutional rights by state or local governmental officials.

The FNHRA requires that for nursing homes to receive Medicare and Medicaid funding they must “respect and protect their residents’ health, safety, and dignity.” In addition, FNHRA provides that nursing home residents have a right to be “free from unnecessary physical or chemical restraints and to be discharged or transferred only when certain preconditions are satisfied.”

In this case, Mr. Talevski suffered from dementia and was placed in the care of a nursing home facility. At that facility, Mr. Talevski was placed on chemical restraints and transferred to another facility ninety miles away. His family filed a lawsuit against the county-owned nursing facility claiming that the use of chemical restraints and transfers violated his civil rights. The Supreme Court found that a resident has enforceable civil rights under Section 1983 against a nursing home facility for failing to meet its obligations under FNHRA.

What Does This Mean for Nursing Homes?

•  Residents and their families will be able to file lawsuits against nursing homes
  under Section 1983 for violations of FNHRA.
• Nursing care facilities may not impose physical or chemical restraints not
  required for medical symptoms.

You can read the recent Supreme Court decision here: https://www.supremecourt.gov/opinions/22pdf/21-806_2dp3.pdf.

SMGG thanks summer associate Natasha Patel for her assistance with writing this blog.