Q: I just read that there is a class action lawsuit against New York State related to its veterans homes. Is this because of that Supreme Court case from earlier this year?
A:Yes, that lawsuit is absolutely a product of the US Supreme Court’s ruling in Health and Hospital Corp. of Marion County et al. v. Talevski.
In Talevski, the Court held that residents in publicly owned nursing facilities may bring federal civil claims against them to recover damages for violations of the Federal Nursing Home Reform Act (FNHRA). The New York case, Hanel, et al., v. NYS Veterans Home in NYC, involves the families of more than 100 veterans who filed the lawsuit to recover damages for alleged violations of FNHRA.
The complaint in Hanel so closely tracks the complaint in Talevski that paragraph 99 of the Hanel complaint references “HHC” as the defendant in the case! HHC is the abbreviation used for Health and Hospital Corporation, the nursing home operator in the Talevski case. If imitation is the sincerest form of flattery, then the Talevski attorneys must be honored to have their complaint copied thoroughly.
Since the Court’s decision In Talevski, I have been warning that it would open the floodgates for lawsuits against state-run nursing homes. This class action lawsuit is only the beginning of this expected wave. I remain genuinely concerned that state-run facilities are now subject to federal causes of action that have none of the limitations on damages or other aspects that typically apply to lawsuits brought under state statutes.
Public operators should begin immediately to manage this new risk by updating their compliance programs to ensure they invest sufficient time and resources in assessing policies, procedures and programs that impact residents’ rights.
Please send your legal questions to Norris Cunningham at [email protected].
From the January/February 2024 Issue of McKnight's Long-Term Care News
