U.S. Supreme Court Decision Authorizes Private Right of Action Against Public Nursing Homes

In a decision issued on June 8, 2023, the U.S. Supreme Court authorized residents and their representatives to sue government-owned nursing homes for violations of their rights under the federal Nursing Home Reform Act (NHRA). The case, Health and Hospitals Corporation of Marion County v. Talevski, enables residents of government-owned nursing homes to enforce resident rights provisions of the NHRA by filing lawsuits under 42 U.S. Code Section 1983.

As a result of this decision, plaintiffs may bring actions in federal court against public nursing homes and recover attorney's fees through Section 1983 actions. LeadingAge NY is still evaluating the implications of this decision for NY's nursing homes. However, nursing homes in NY, both public and private, are already exposed to lawsuits in state court brought by residents and their representatives, based on violations of resident rights under Section 2801-d of the Public Health Law. Section 2801-d, like federal Section 1983, authorizes the award of attorney's fees to plaintiffs who prevail.

A summary of the Health and Hospitals Corporation of Marion County case from LeadingAge National is available here.

Contact: Karen Lipson, klipson@leadingageny.org