Health Affairs June 9, 2023
Sara Rosenbaum, Timothy Jost, MaryBeth Musumeci, Alexander Somodevilla

For over a half century, the United States Supreme Court has recognized that beneficiaries of public welfare programs can sue in federal court under a special provision of federal law, 42 U.S.C. Section 1983 (section 1983), when state officials violate their rights. In Health and Hospital Corporation of Marion County v Talevski, state officials challenged this enduring principle in a case involving the alleged violation of Gorgi Talevski’s federal rights under Medicaid’s Federal Nursing Home Reform Act (FNHRA). By a 7-2 margin, in a remarkable opinion for the Court authored by Justice Jackson and joined by Chief Justice Roberts and Justices Kagan, Sotomayor, Gorsuch, Kavanaugh, and Barrett, the Court made short shrift of their claims. Talevski’s holding thus ensures the...

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