June 8, 2023

The O’Neill Institute for National and Global Health Law issues the following statement by Andrew Twinamatsiko regarding today’s ruling, Health and Hospital Corporation of Marion Cty. v. Talevski:

Today’s Supreme Court ruling in Health & Hospital Corp v. Talevski is a major victory for civil rights and prevents a result that could have been disastrous for Medicaid beneficiaries.

This decision affirms that nursing home residents and their families may bring civil rights actions for abuses by care providers, preserving an important avenue to ensure accountability in Medicaid and other entitlement programs. Enforcing Section 1983 civil rights actions supplements the Department of Health and Human Services’ limited capacity to monitor over 15,000 nursing homes with approximately 1.7 million residents.

This decision continues to magnify the critical role that courts play in shaping major health care programs.


For further comment or to schedule an interview with Andrew Twinamatsiko, please contact Cynthia Sun at Cynthia.Sun@georgetown.edu.