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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowLast month, by a 7-2 decision, the United States Supreme Court ruled in favor of civil rights. The result of the suit, which centered on whether Medicaid recipients can sue nursing homes, is a win for nursing home residents and their families, as well as a win for civil rights.
Although the lawsuit was brought against Marion County’s Health and Hospital Corporation, had they won, it would have infringed on the rights of not just nursing home residents, but any American who receives Medicaid, the Supplemental Nutrition Assistance Program, the Children’s Health Insurance Program and Temporary Assistance for Needy Families. In total, this suit had the capability of impacting roughly 2,685,000 Hoosiers. While the vast majority of doctors, nurses and nursing home staff overwhelmingly do their jobs to the best of their abilities, this suit could have taken away an individual’s right to advocate for themselves or their family member in a court of law when an injustice took place. We’d like to commend the seven justices who upheld the notion that, in this country, everyone’s civil liberties matter. While it’s unfortunate that Mr. Talevski’s family had to go through this process, we’re thankful that they will now get their day in court to advocate for their loved one.
The Supreme Court ruling upheld historical legal precedents that every citizen — regardless of whether they receive government assistance or not — has the right to hold institutions accountable. Before the Supreme Court heard the case last November, both of us advocated for HHC to drop the case. Now that the Supreme Court case is settled and the Talevski family can move forward with their grievances, we ought to take the time to focus on the troubling fact that they felt the treatment of their loved one necessitated pressing charges in the first place.
We cannot allow public-serving entities to behave like for-profit organizations; their first priority must be to care for those whom they serve while being good stewards of public dollars. The potential profits that could be made from HHC and other organizations are incomparable when we’re talking about the treatment of our most vulnerable Hoosiers. The point of a public health agency is to provide residents with better public health care, and it’s impossible to do that if these agencies are able to be derelict in duty with no means of being held accountable for those in their care.
But the sheer magnitude of this case sent shock waves across the country, because the lawsuit affected more than just Medicaid recipients in nursing homes. Anyone receiving government assistance would have lost their civil liberties if the Supreme Court voted differently. Our most vulnerable citizens were facing the loss of their rights to have a day in court if they felt they were violated.
Moving forward, we hope this case serves as a reminder that government entities’ first priority must be providing care and public services, not protecting their bottom lines by attempting to bar citizens from acting upon their civil liberties. When bad actors are not held accountable, it does everyone in their field a disservice, as well as anyone receiving assistance in the state.
As lawmakers, we are dedicated to ensuring every Hoosier has equitable access to high-quality health care and services. This includes ensuring there is legal recourse individuals can take when they receive improper care, poor services or face mistreatment.
This Supreme Court decision upholds civil liberties for millions of Americans — and we are overjoyed to celebrate this win.•
—State Reps. Cherrish Pryor and Robin Shackleford, D-Indianapolis
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