supreme court

The Supreme Court issued a landmark 7-2 ruling affecting aging and disabled people that allows individuals to sue State and local government providers of federally funded health services such as Medicaid or Medicare “for failures and lapses in care.

The case brought before the court, Health and Hospital Corporation of Marion County v. Talevski, concerns the death of 85-year-old Gorgi Talevski, who his family says was “chemically restrained and later moved to a different facility” instead of being treated for his dementia. They claimed his treatment was a violation of the Federal Nursing Home Reform Act (FNHRA)  to provide funds to nursing care facilities on the condition that these facilities comply with specific obligations, including limitations on the use of physical and chemical restraints and on transferring or discharging patients, according to the ACLU.

A lower court sided with the Talveskis, but the nursing home’s owner, Health and Hospital Corporation of Marion County, appealed to the Supreme Court.

Disability Scoop does a great job of unpacking the win.

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