The case could limit private citizens’ right to sue when Medicaid isn't fairly and safely administered. 19thnews
Among other issues, Talevski alleges that her father was overmedicated to the point of chemical restraint — a practice in which a person is sedated so that they are easier to manage, to the detriment of that person’s own health and well-being.
A broad decision could also impact a variety of programs beyond long-term care, according to Jasmine Harris, a professor at University of Pennsylvania’s Carey School of Law. Town also expressed concern about the lack of recourse outside of the court system that disability advocates and advocates for older adults will have if the court rules in favor of Health and Hospital Corporation of Marion County.
In particular, Justice Brett Kavanaugh pointed to the text of the statute under discussion, which discusses the legal rights afforded to nursing home patients. Health and Hospital Corporation of Marion County argued that the statute in question,Section 1983 is part of the bedrock of civil rights law in the United States. It was originally passed as part of the Ku Klux Klan Act of 1871, and gives private individuals the right to sue state government employees for civil rights violations.
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