A woman is suing Marion County over the treatment her husband received at a nursing home owned by the County. He was given psychotherapy drugs to control him against Medicare rules according to her suit.
Todd Rokita has sided with Marion County saying that only the feds can enforce these rules and private lawsuits are thus not allowed.
The Biden administration is arguing that in nursing home cases, that is true. But that in other lawsuits involving other aspects of laws, lawsuits are permissable.
Most groups are filing briefs arguing the feds simply cannot police everyone everywhere and that lawsuits are critical to compliance. And because a government agency owns the nursing home the government cannot be a fair actor in determining if it is compliant.
Todd Rokita has sided with Marion County saying that only the feds can enforce these rules and private lawsuits are thus not allowed.
The Biden administration is arguing that in nursing home cases, that is true. But that in other lawsuits involving other aspects of laws, lawsuits are permissable.
Most groups are filing briefs arguing the feds simply cannot police everyone everywhere and that lawsuits are critical to compliance. And because a government agency owns the nursing home the government cannot be a fair actor in determining if it is compliant.
As Nursing Home SCOTUS Case Looms, Flood of Briefs Support Plaintiff
A case to determine if state-owned nursing homes are shielded from federal lawsuits – to be heard by the U.S. Supreme Court in November – received more
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