Grammer v. Kane Regional Centers (U.S. Ct. App., 3rd Cir., No. 07-2358, June 30, 2009)

The U.S. Court of Appeals, Third Circuit, holds that a nursing home resident and Medicaid recipient may sue under 42 U.S.C. § 1983 for violations of the Federal Nursing Home Reform Amendments (FNHRA). Grammer v. Kane Regional Centers (U.S. Ct. App., 3rd Cir., No. 07-2358, June 30, 2009).

Melviteen Daniels was a nursing home resident and Medicaid recipient. After Ms. Daniels died, her daughter, Sarah Grammer, sued the nursing home under § 1983, claiming the facility violated the FNHRA by not providing proper care.

The nursing home moved to dismiss the complaint, arguing that the FNHRA does not provide an enforceable right of action through § 1983, but instead merely sets forth requirements a nursing facility must comply with to receive federal Medicaid funds. The district court agreed, and Ms. Grammer appealed.

The U.S. Court of Appeals, Third Circuit, reverses, holding that the FNHRA gives Medicaid recipients rights that can be remedied under § 1983. The court notes that as a nursing home resident and Medicaid recipient, Ms. Daniels is an intended beneficiary of the FNHRA. Further, the court finds that the FNHRA is "replete with rights-creating language" and that the language unambiguously confers individually enforceable rights. One judge dissents, arguing the focus of the FNHRA is on what nursing homes must do, not on individuals.