Shackleford calls for withdrawal of HHC lawsuit
State Rep. Robin Shackleford (D-Indianapolis), chair of the Indiana Black Legislative Caucus (IBLC) and ranking Democrat of the House Public Health Committee, today called on the Health and Hospital Corporation of Marion County to withdraw its case, Indiana v. Talevski. The case, slated to be heard by the United States Supreme Court on November 8, could eliminate legal protections for beneficiaries of federal safety net programs, such as Medicaid, by prohibiting them for suing hospitals in federal courts if their rights are violated.
The lawsuit stemmed from the family of Gorgi Talevski, an 80-year-old dementia patient living in a Valparaiso nursing home suing the Health and Hospital Corporation in 2019 for allegedly violating his rights under the Federal Nursing Home Reform Act. The Health and Hospital Corporation of Marion County's petition claims actions taken against Talevski were taken as a result of alleged violent and aggressive behavior towards staff. The United States Supreme Court will hear the case after federal courts had various opinions on whether or not Talevski's family had a right to sue.
“This is a dangerous piece of litigation that could have irreversible impacts on elderly, disabled and low-income Americans, as well as any individual who feels their rights may have been violated. The only safe, logical step – the step toward justice – would be for the Health and Hospital Corporation of Marion County to withdrawal their suit. Stripping Americans of legal protections is not only cruel, it would set back progress for decades to come.”