U.S. District Court Rules That FNHRA Does Not Create Private Rights

The U.S. District Court for the Western District of Wisconsin has recently held that Section 1983 of the Federal Nursing Home Reform Act (FNHRA) does not create private, enforceable rights for residents.  This column discusses a case involving a plaintiff that sued Lakeview Health Center in West Salem, Wisconsin, seeking negligence and punitive damages on allegations that her brother died from injuries sustained from a fall. 

The plaintiff alleged that the nursing home violated her brother’s resident rights that are outlined in Section 1983 of FNHRA.  The Court dismissed the claim of a Section 1983 violation holding that the section in question was written to describe what a nursing home has to do to receive government funding and does not describe rights that nursing homes must provide residents.  The District Court opinion can be read here. 

See Emily Mongan, Court: Federal Nursing Home Act doesn’t create private rights, McKnights, September 22, 2015.