Health and Hospital Corporation of Marion County v. Talevski
Background: This case involves an Indiana man with dementia whose long-term nursing home stay was funded by Medicaid. Mr. Talevski alleged that the county-owned nursing home where he resided violated his rights to be free from unnecessary chemical restraints and to advance notice of discharge under the Federal Nursing Home Reform Act (FNHRA). That law establishes requirements for states and nursing homes that receive federal Medicaid funds.
In a 7:2 opinion, the Supreme Court reaffirmed Medicaid enrollees’ ability to obtain relief from federal courts when state officials violate their FNHRA rights. Since the FNHRA itself does not contain a provision that explicitly authorizes individuals to sue to enforce the rights that it contains, Medicaid enrollees can rely on Section 1983, a federal civil rights provision that allows individuals to bring a lawsuit when a state acts to deprive them of rights under the federal Constitution and laws.
Current Status: Final decision issued
U.S. Supreme Court Amicus Brief, Sept. 22, 2022
Amici: American Public Health Association, American College of Preventive Medicine, 40 public health deans and scholars
Argument Summary: Medicaid is an indispensable source of coverage within the nation’s health system. Medicaid is the source of health care coverage for the nation’s most vulnerable populations, including women and children, the elderly, and the highest-need populations. Medicaid has improved health outcomes for the most vulnerable.
Without Section 1983 enforcement, the nation’s most vulnerable would lose health insurance coverage. Section 1983 protects Medicaid coverage. State administrative processes and federal government oversight are no substitute for Section 1983. A ruling in the state’s favor would have significant negative effects on public health.
Outside Counsel: Ropes & Gray LLP
Related Resources:
Rosenbaum S, Jost T, Musumeci M, Somodevilla A. A Victory for Medicaid Beneficiaries In Supreme Court’s Talevski Decision. Health Affairs Forefront. June 9, 2023. https://www.healthaffairs.org/content/forefront/hold-6-9-piece-talevski
GW Media Relations. Joint statement on behalf of health policy deans, scholars, and the American Public Health Association. June 9, 2023. https://mediarelations.gwu.edu/joint-statement-behalf-health-policy-deans-scholars-and-american-public-health-association
Rosenbaum S. An upcoming Supreme Court case could strip Medicaid beneficiaries and safety-net providers of crucial civil rights. To the Point (blog). Commonwealth Fund. Oct. 19, 2022. https://doi.org/10.26099/xdxv-p550
GW Media Relations. Amicus brief urges high court to preserve legal rights for Medicaid beneficiaries. Oct. 10, 2022. https://mediarelations.gwu.edu/amicus-brief-urges-high-court-preserve-legal-rights-medicaid-beneficiaries
GW Media Relations. More than two dozen “friend of the court” briefs urge the Supreme Court to preserve Medicaid as an enforceable right. Sept. 29, 2022. https://mediarelations.gwu.edu/more-two-dozen-friend-court-briefs-urge-supreme-court-preserve-medicaid-enforceable-right