Nursing home ‘Bill of Rights’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 9, 2021 11:22 AM

Suing on behalf of her husband Gorgi, Ivanka Talevski alleged that the operators of an Indiana nursing home violated the Bill of Rights provisions of the Federal Nursing Home Reform Act, a 1987 amendment to the Medicaid statute. Her complaint relied on the enforcement mechanism that Section 1983 of the Civil Rights Act of 1871 provides for deprivation of federal rights. A district judge in Northern Indiana tossed the case after concluding that the FNHRA “does not provide a private right of action that may be redressed …

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