Talevski v. Health and Hospital Corporation of Marion County

From Indiana Disability Rights (IDR)

"Earlier this year, the US Supreme Court agreed to hear arguments in Health and Hospital Corporation of Marion County, Indiana v. Talevski.  Health and Hospital Corporation (HHC) is asking the Court to overturn a Seventh Circuit decision that gave him permission to sue the HHC-owned nursing home where he resided for violating rights granted by Congress through the Federal Nursing Home Reform Act.  Specifically, Talevski maintained that the nursing home restrained him unnecessary psychiatric medication and transferred him to a different nursing home against his wishes. 

Importantly, HHC framed its appeal such that the case has the potential to affect far more than nursing home residents.  HHC has asked the Supreme Court to decide whether an individual can use Section 1983 to enforce rights granted by Congress in legislation passed via the Spending Clause.  In other words, the Supreme Court could decide that beneficiaries of many critical programs-including Medicaid and SNAP-cannot ask federal courts to enforce rights violations committed under those programs. 

To learn more about the case, Section 1983, and the Spending Clause, and for more information about programs that may be affected by the Supreme Court's decision, we encourage you to review this fact sheet: https:/bit.ly/3cLBIJG"


Talevski v. HHC Fact Sheet by Indiana Family to Family on Scribd

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