U.S. Supreme Court Confers Private Right Of Action Under FNHRA

• Published date: 11 July 2023
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Author: Mr Corey Shulman, Kathleen M. Walker and Malinda A. Miller

Washington, D.C. (July 6, 2023) - On June 8, 2023, the Supreme Court issued a groundbreaking decision in Health and Hospital Corporation of Marion County v. Talevski, No. 21-806 by holding an individual may pursue a private right of action for alleged violations of the Federal Nursing Home Reform Act of 1987 (FNHRA). This decision upends more than twenty years of Supreme Court precedent, formerly holding that "the typical remedy for state noncompliance with federal imposed conditions is not a private cause of action for noncompliance but rather action by the Federal Government to terminate funds to the State." Gonzaga v. Doe, 536 U.S. 273, 280 (2002); Prince v. Dicker, 29 Fed. Appx. 52 (2d Cir...