Summer 2023

PERSPECTIVE: IMPLICATIONS FOR PROTECTING ONE’S ACCESS TO FEDERAL HEALTH CARE COVERAGE

In Health and Hospital Corporation of Marion County, Indiana v. Talevski, the issue presented was whether a third party to a contract pursuant to the Spending Clause has a privately enforceable right. Congress limits how a state may spend federal money by imposing regulations and conditions on funding. The appellant, in this case, argues he has a privately enforceable right because he is a third party to the funds supplied through the Medicaid program regulated by the Spending Clause. The Federal Nursing Home Amendments Act regulates whether nursing facilities receive Medicaid funding based on how their facility is managed. The claim filed states that as a private citizen who is a third party to the benefit of federal funds received through the Medicaid program, the appellant had the right to enforce the Spending Clause as a privately enforceable right. The court agreed. The United States Court of Appeals reversed that decision and recognized a viable claim pursuant to the Federal Nursing Home Amendments Act (FNHRA) of 1987 protected by 42 U.S.C. § 1983 in spite of how the nursing facility is being regulated by the Spending Clause. The right to enforce federal spending in a private cause of action is implied in the Supreme Court case Wilder v. Virginia Hospital Association, where the Court determined there was a substantive federal right and it was not Congress’ intent to prevent redress of this privately enforceable right. The Supreme Court held that the “FNHRA provisions at issue unambiguously create §1983-enforceable rights, and the Court discerns no incompatibility between private enforcement under §1983 and the remedial scheme that Congress devised.” Health care coverage is not a right supported by the Constitution; it is an auxiliary benefit created by Congress. The overarching health care debate has been whether health care coverage in this country should be financed by public funds. The implications of this court decision could have a long-standing impact on how health care coverage evolves and whether precedent could be established or policies implemented to support a recognizable right to health care coverage in the United States.

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