A case filed by a woman in 2019 against a public health agency in Indiana’s Marion County has taken a life of its own, and it could bar millions of Americans from holding states accountable when denied access to various benefits allowed by law.

Susie Talevski filed a lawsuit against the Health and Hospital Corporation in Marion County, which runs a nursing home where her father stayed before he died. She accused the nursing home of violating her father’s right to proper healthcare and claimed that the nursing home did not care properly for her demented father.

In the lawsuit, Talevski claimed that the facility overmedicated her father to keep him asleep, and the nurses did not properly manage his condition. Instead of caring for the elderly man, the nursing home transferred him to other facilities that were hours away from the family and their home, without their permission. The move accelerated his decline, and Gorgi Talevski died in October 2021.

According to Ms.Talevski, her father’s condition worsened as the once strong man who could walk and talk was left unable to move. She compared his treatment at the nursing home to that of a dog.

Although the public health agency refused to comment on the case, court documents show the agency argued that the old man was sexually aggressive and violent toward the nurses, which negatively affected his care.

The Health and Hospital Corporation (HHC) tried to get judges to dismiss the case, but federal courts gave the case the go-ahead.

In an unexpected counter move, the HHC took the case all the way up to the Supreme Court. They asked the Court if people who depend on federal government initiatives like Medicaid, Medicare or other programs providing shelter, nutrition, and disability services should be allowed to sue states whenever there is a violation of their rights.

If the highest court of the land rules in favor of the HHC, millions of citizens who rely on federal assistance programs will lose the right to seek justice when their rights are violated.

Jane Perkins, National Health Law Program attorney, said that a ruling in favor of the agency could be catastrophic, as it would leave the programs to continue without a legal enforcement mechanism. 

Whether people relying on government assistance can sue if their rights have been violated has never been questioned. Perkins, who has represented numerous Medicaid beneficiaries, said she was shocked when she heard that the Supreme Court had given the case the go-ahead.

Since the Supreme Court decided to hear the case, they have received 25 amicus briefs from various entities, most of which side with Talevski. Current Congress members, including House Speaker Nancy Pelosi, the American Cancer Network, and the American Public Health Association, are among the 25 entities supporting the Talevski family.

Former members of the Marion County Health and Human Services Department say that there is a lack of sufficient oversight over funds that go into federal programs and that civil lawsuits are a crucial enforcement mechanism. They said that a decision in favor of HHC would leave millions of Americans vulnerable to violations of their rights.

Todd Rokita, Indiana’s Attorney General, is among the people who stand with Marion County. In a court brief, Rokita said that civil rights lawsuits continue to burden and cripple states with legal expenses.

The Supreme Court will listen to oral arguments on November 8.