National health program

Talevski Ruling keeps the courthouse doors open for low-income people and preserves the ability of advocates to litigate on their behalf Washington, DC – Today, the United States Supreme Court upheld the right of Medicaid beneficiaries to seek relief in federal court when their rights are being violated by state officials. the justices ruled in favor of the family of Gorgi Talevski, who sued alleging that his nursing facility’s use of chemical restraints and involuntary transfers violated the Medicaid provisions known as the Federal Nursing Home Reform Act (FNHRA). This ruling keeps the courthouse doors open for low-income people and preserves the ability of advocates to litigate on their behalf. “Today’s ruling will allow the National Health Law Program (NHeLP) to continue to use private enforcement as a mechanism to get low-income people the care they need. NHeLP has worked on the issue of private enforcement for the last 30 years, and knows that it is an indispensable tool in ensuring access to health care for underserved people,” said Sarah Somers , Legal Director at the National Health Law Program. “The fact is, states will fail to meet the requirements of the Medicaid Act – health care is complicated – but when states refuse to correct the problem, organizations like NHeLP must go to court to stop ongoing harm. The people we represent are low-income people, who need acute, preventive, long-term and other care, but for whom it may be out of reach without court interve...

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