Susie Talevski’s father was the catalyst behind the decision in Health and Hospital Corporation of Marion County, et al. v. Talevski, which held that the Federal Nursing Home Reform Act creates individually enforceable rights.
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In hindsight, attorneys say, the footnote in the brief to the 7th Circuit Court of Appeals filed by the Health & Hospital Corporation of Marion County provided the clue for what has since come.
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The states are led by Republican attorneys general, including Indiana’s Todd Rokita. The named defendants include leaders within the federal Health and Human Services agency as well as the Centers for Medicare and Medicaid Services.
The Biden administration has introduced a controversial set of new regulations intended to increase staffing levels and improve patient care in nursing homes.
Last month, by a 7-2 decision, the United States Supreme Court ruled in favor of civil rights. The result of the suit is a win for nursing home residents and their families, as well as a win for civil rights.
A group of residents at a South Bend assisted living facility have filed a class-action lawsuit to keep the 116-year-old site open.
A 61-year-old Indianapolis nursing home resident was sentenced Thursday to 45 years in prison for the murder and rape of an 80-year-old invalid last year.
A 61-year-old Indianapolis nursing home resident pleaded guilty to murder and rape Thursday in the death of an 80-year-old invalid last year.
The Federal Nursing Home Reform Act creates individually enforceable rights, meaning a lawsuit against the Health & Hospital Corporation of Marion County can continue. But questions remain as to citizens’ ability to sue enforce spending clause statutes.
A woman who used stolen Social Security numbers and a stolen nursing license to obtain jobs while simultaneously receiving disability benefits has been indicted on federal fraud and identity theft charges.
A southern Indiana nurse facing a criminal charge for allegedly removing a nursing home resident’s oxygen mask hours before his death from COVID-19 will avoid jail time under a plea bargain.
The federal government says it will begin a targeted crackdown on nursing homes’ abuse of antipsychotic drugs and misdiagnoses of schizophrenia in patients.
Dara Little of Mitchell was sentenced to 27 months in federal prison after pleading guilty to three counts of wire fraud. Over the course of five years, Little stole a total of nearly $420,000 from her former employer, a senior living facility in Bedford.
Although the oral arguments have passed, grassroots organizers in Indianapolis are sustaining the pressure on the Health & Hospital Corporation of Marion County to withdraw its case pending before the U.S. Supreme Court.
Near the end of an oral argument that stretched beyond 1½ hours, Arnold & Porter attorney Andrew Tutt reminded the U.S. Supreme Court what started the case — a family was trying to get proper medical care for their elderly father.
Even if the Health & Hospital Corporation of Marion County follows the request by community groups and private citizens to withdraw its case from the U.S. Supreme Court, the fight over 42 U.S.C. § 1983 could still appear before the nine justices this term.
The board of trustees for the Health and Hospital Corp. of Marion County declined to halt a federal lawsuit Tuesday that many fear would diminish the civil rights of patients in public facilities.
As the Health and Hospital Corp. of Marion County prepares for oral arguments at the U.S. Supreme Court in a case that has attracted national attention, the organization is now having to defend its decision to seek a ruling from the nine justices.
Two owners of an unlicensed assisted living facility in southern Indiana have pleaded guilty to felony deception for working without licenses, according to Attorney General Todd Rokita’s office.
American Senior Communities, the largest nursing home company in Indiana, has agreed to pay nearly $5.6 million to resolve allegations that it violated federal laws by submitting false claims to the Medicare program.
The family of an 80-year-old woman who was raped and murdered at an Indianapolis nursing home alleges in a lawsuit that her death was the “inevitable result” of poor staffing and “horrendous” conditions at the nursing home.
The U.S. Supreme Court has accepted a case from northern Indiana that is seen as potentially inducing a flood of claims against nursing homes and enabling patients to circumvent caps states have set on compensation for medical malpractice.