The Supreme Court will Decide if Medicaid Recipients May Sue for Mistreatment

The case of Health and Hospital Corporation of Marian County (HHC) v. Taleski is before the Supreme Court and will have a ruling within the next three weeks. 


This case is about Gorgi Talevski, an Indiana man suffering from dementia at a nursing home. While he was receiving Medicaid, the staff at the nursing home failed to adequately treat his symptoms, instead they chemically sedated Talevski. 


The Seattle Spectator writes, “Disability activists and disability law experts agree that the outcome of HHC v. Taleski could have substantial effects upon the legal autonomy of disabled people.”


Talesvki was receiving Medicaid for treatment of his dementia and that treatment was withheld. The issue before the court is whether Talevski has the right to sue. The case was filed as a civil rights 1983 claim.


If the Supreme Court rules against Talevski it would mean that, the only watchdog for Medicaid violations would be the government. Claudia Center, legal director of Disability Rights Education and Defense Fund (DREDF) said, “Medicaid is the program and the doorway for people with disabilities to access the services and support that we need to live in the community” According to The Seattle Spectator. Medicaid provides financial assistance to millions of disabled Americans. 


To learn more about benefits visit Viner Disability Law.