Nursing Homes Seek High Court Review of Residents’ Right to Sue

Long-term care industry trade groups are asking the U.S. Supreme Court to grant review of a Seventh Circuit decision giving residents of publicly operated nursing facilities the right to sue for alleged rights violations.

The case presents “an excellent vehicle” for determining if people can sue government-operated nursing facilities under 42 U.S.C. § 1983 for allegedly violating rights conferred by spending clause legislation, the American Health Care Association and the Indiana Health Care Association argued in a friend of the court brief.

Several justices have “long expressed” interest in the issue, though the nation’s top court previously has denied review ...