June 08, 2023
NONA TEPPER
Medicaid beneficiaries have the right to sue state agencies they allege break federal law, the Supreme Court ruled Thursday.
The 7-2 decision reaffirms previous precedent that U.S. District Court for the Northern District of Indiana challenged in 2020 when it dismissed a case against a county-owned nursing home accused of violating federal patient protection laws. The high court decision upholds a 2021 ruling by the U.S. Court of Appeals for the 7th Circuit. The case now returns to the district court.
The plaintiffs are the family of Gorgi Talevski, a now-deceased former resident of a nursing home operated by the Health and Hospital Corp. of Marion County, an Indianapolis-based, state-owned entity that includes the county public health department, skilled nursing facilities and a health system.
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