U.S. High Court Lets Stand Ruling that Nursing Home Residents Have Private Right of Action Under FNHRA

Last Updated: 2/27/2010 11:48:58 AM

The U.S. Supreme Court has denied certiorari in a case in which the Third Circuit Court of Appeals ruled that a nursing home resident and Medicaid recipient may sue under 42 U.S.C. § 1983 for violations of the Federal Nursing Home Reform Amendments (FNHRA). Grammer v. Kane Regional Centers (U.S. Ct. App., 3rd Cir., No. 07-2358, June 30, 2009).

Melviteen Daniels was a nursing home resident and Medicaid recipient. After Ms. Daniels died, her daughter, Sarah Grammer, sued the nursing home under § 1983, claiming the facility violated the FNHRA by not providing proper care.

The nursing home moved to dismiss the complaint, arguing that the FNHRA does not provide an enforceable right of action through § 1983, but instead merely sets forth requirements a nursing facility must comply with to receive federal Medicaid funds. The district court agreed, and Ms. Grammer appealed.

The U.S. Court of Appeals, Third Circuit, reversed, holding that the FNHRA gives Medicaid recipients rights that can be remedied under § 1983. The court noted that as a nursing home resident and Medicaid recipient, Ms. Daniels was an intended beneficiary of the FNHRA. Further, the court found that the FNHRA is "replete with rights-creating language" and that the language unambiguously conferred individually enforceable rights.

On February 22, 2010, the U.S. Supreme Court denied a review of the Third Circuit's ruling. "The decision likely will cause both private and state run nursing homes to rethink patient and consumer rights," notes McKnight's Long-Term Care News.

For the full text of the Third Circuit's decision in PDF format, go to: http://www.ca3.uscourts.gov/opinarch/072358p.pdf (If you do not have the free PDF reader installed on your computer, download it here.)

Did you know that the ElderLawAnswers database now contains summaries of more than 1,600 fully searchable elder law decisions dating back to 1993? To search the database, click here