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May 13, 2022

SCOTUS to Review Public Nursing Home Resident's Rights

Having denied review on this issue previously, SCOTUS has granted certiorari to review the question of whether Spending Clause legislation gives private parties the right to sue under Section 1983, and if so, whether residents of public nursing homes can sue facilities under the Federal Nursing Home Reform Amendments (FNHRA). In this case brought under 42 U.S.C. section 1983, a nursing home resident at Valparaiso Care & Rehabilitation alleged that he received unnecessary psychotropic drugs while he was a resident, and that the home tried to discharge and transfer him without proper consent. The nursing home argued that the FNHRA does not allow for private lawsuits. The Seventh, Third, and Ninth Circuits have all held that nursing home residents have the right to sue under §1983.  


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