Talevski v. Health and Hospital Corporation of Marion County

6 F.4th 713 (2021)

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Talevski v. Health and Hospital Corporation of Marion County

United States Court of Appeals for the Seventh Circuit
6 F.4th 713 (2021)

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Facts

The Federal Nursing Home Reform Act (FNHRA) set minimum standards to which nursing homes receiving federal Medicaid funds had to adhere. Congress enacted FNHRA pursuant to Congress’s spending powers. FNHRA included a patient bill of rights, which granted patients the right (1) to be free from chemical restraints used for nontreatment purposes and (2) not to be discharged or transferred from a facility unless certain conditions were satisfied. Gorgi Talevski (plaintiff) was admitted to Valparaiso Care and Rehabilitation (Valparaiso Care) (defendant), an Indiana state-run nursing home. Valparaiso Care allegedly violated FNHRA by chemically sedating Talevski for nontreatment reasons and by improperly transferring him to another facility. Talevski, by and through his wife and next of friend, Ivanka Talevski, sued Valparaiso Care, the Health and Hospital Corporation of Marion County, and American Senior Communities, LLC (collectively, Valparaiso) (collectively, defendants) pursuant to 42 U.S.C. § 1983 for FNHRA violations. The district court dismissed Talevski’s case, finding that FNHRA did not provide a private right of action that was redressable under § 1983. Talevski appealed to the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

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