On November 8, 2022, the United States Supreme Court will hear arguments in the case of Health and Hospital Corporation v. Talevski. Ivanka Talevski’s case argues that her husband’s rights were violated while he was a resident of one of Health and Hospital Corporation’s nursing homes.
More than 20 briefs were filed to provide information and arguments for the case. Included in these briefs were comments from current Congress and AARP representatives in support of Talevski. In their briefs, lawmakers and AARP staff detailed the importance for nursing home residents to have access to legal action if their rights are violated.
If the Supreme Court rules in favor of Health and Hospital Corporation, there could be severe consequences for nursing home abuse victims and their loved ones. The case could set a dangerous precedent that limits the ability of victims to pursue justice and hold their abusers accountable.
Understanding Health and Hospital Corporation v. Talevski
Ivanka Talevski first filed her case in 2019 under Section 1983 of the U.S. Code, which allows individuals the right to sue government entities for any violations of their civil rights. Talevski argues that her husband, Gorgi Talevski, was heavily medicated and sedated instead of being treated for dementia while a resident at Valparaiso Care in Indiana, a managed facility of Health and Hospital Corporation She also states that he was transferred to another facility without proper notification.
Health and Hospital Corporation argues that their facilities took all necessary actions to care for Talevski’s husband. Yet, when the organization lost the case in Indiana court, they appealed the decision. In the appeal, Health and Hospital Corporation said that Section 1983 cannot be used to enforce rights that are only prescribed from receiving federal funds. In other words, the appeal argues that Health and Hospital Corporation cannot be sued, despite receiving payment for Talevski’s care from Medicaid.
Nursing Home Abuse and Residents’ Rights
In 1987, the Federal Nursing Home Reform Act established a number of rights to which residents of nursing homes were entitled if they were receiving Medicaid.
Some of the rights nursing home residents are entitled to include:
- Right to a dignified existence free of abuse
- Right to be fully informed of care they are receiving
- Right to raise grievances
- Right to self-determination to decide care, activities, and more
Nursing home abuse and nursing home neglect can happen when these rights are not protected or otherwise violated. Unfortunately, nursing home abuse is too common and seems to be growing worse due to severe understaffing following the COVID-19 pandemic.
Individuals may be eligible to pursue legal help, like Talevski did in filing her case, especially if a resident suffered preventable injuries, including broken bones or stage 4 bedsores. Families of nursing home residents may be able to file wrongful death claims if a negligent care facility caused their loved one to die. Pursuing justice through legal options allows residents or their surviving family members to hold abusers accountable and prevent abuse from happening again.
How the Supreme Court Decision Could Impact Residents’ Rights
After the Supreme Court hears arguments on both sides of the Talevski case, they will likely come to a decision in the following week. Their decision could send ripple effects throughout the U.S. and impact nursing home residents’ access to legal options.
Should the Supreme Court side with Health and Hospital Corporation, recipients of Medicaid will have few options for seeking legal action against nursing homes at a state level. This will leave nearly 82 million Medicaid recipients without the right to sue public nursing homes.
If the Supreme Court decision is in support of Talevski, as urged by leading members of Congress, nursing home residents and their family members will be able to pursue private legal help even if they receive financial assistance through Medicaid.
No matter the decision, Nursing Home Abuse Justice will continue to advocate for nursing home residents. If you or a loved one has experienced nursing home abuse, we may be able to connect you with attorneys throughout the nation who are dedicated to seeking justice. Contact our team at (800) 896-7040 today for a free case review.
