A former nursing home patient cannot sue for violations of the Federal Nursing Home Reform Amendments because Congress did not intend to create a private right of action, a federal court has ruled.
The U.S. District Court for the District of Colorado stated that plaintiff Alice Hawkins could not go forward with her lawsuit against Bent County, CO, according to the Bureau of National Affairs. The county ran a nursing home where Hawkins stayed and developed a pressure sore. Alleged lack of monitoring resulted in the eventual removal of her tailbone.
The court said the FNHRA sets out quality measures and patient right provisions that providers have to follow to receive Medicare and Medicaid funds. It does not indicate “Congress intended to confer a private right of action … If Congress intended to create a private right of action, it easily could have included such a provision in the statute,” the court said.
However, the statute does not prevent Hawkins from looking for other “remedies” such as bringing a lawsuit under common law, the court pointed out.
