Op/Ed: Marion County health agency's SCOTUS case could end protections for most vulnerable

Abstract

The Health & Hospital Corp. (HHC) v. Talevski case arises out of allegations that Gorgi Talevski, a disabled person with dementia who resided at a long-term care facility owned by HHC, was kept in physical restraints in violation of a federal law ― the Federal Nursing Home Reform Act (FNHRA). HHC has responded not only that its use of restraints did not violate the FNHRA, but Talevski’s wife Ivanka (who is bringing the lawsuit on behalf of the estate of her now deceased husband) should not be able to sue at all. HHC goes so far as to argue the Supreme Court should overturn two existing rulings, which would mean that Talevski and other disabled patients would not be able to sue at all under the act. This request, if granted, would result in extraordinary damage to the rights, health and welfare of Hoosiers — and of all vulnerable Americans.