Justice for Our Nation's Elders: Why the Health & Hospital Corporation v. Talevski Decision Is a Victory for Elder Rights

Recently, there has been growing attention to the rights of elders, a vulnerable population requiring effective regulatory protection.Within this field, there is a particular need to focus on how those rights intersect with the conditions, accountability, and standards of nursing home facilities.Inadequate quality care in nursing facilities is a persistent theme.Neglect, abuse, and poor staffing are just a few of the numerous harms residents face.As the COVID-19 pandemic further exacerbated this poor quality of care, residents and their families have increasingly sought legal routes to hold these facilities accountable for the resulting harms.This Article analyzes how the Supreme Court case, Health & Hospital Corporation v. Talevski, correctly expanded the ability for individual claimants to vindicate their Federal Nursing Home Reform Act rights through 42 U.S.C.Section 1983.As demonstrated in this Article, this decision marks a critical advancement in elder rights enforcement.