Talevski ex rel. Talevski v. Health & Hosp. Corp.,
cert. granted, 142 S. Ct. 2673 (2022).
Oral argument is scheduled for November 8, 2022.
Issues: (1) Whether the Supreme Court should reexamine its holding that spending clause legislation gives rise to privately enforceable rights under 42 U.S.C. § 1983; and (2) whether, assuming spending clause statutes give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987’s transfer and medication rules do so.
In this case, the Court will consider whether residents have a right to sue state-run nursing facilities to enforce the rights that Congress provided in the Nursing Home Reform Act (NHRA). The Court will also determine the broader question of whether statutes enacted pursuant to Congress’s spending clause authority, like the NHRA, are enforceable by private citizens.