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Capitol Correspondence - 06.14.22

Supreme Court to Hear Two Cases with Relevance for Community Providers

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Private Right of Action under Section 1983

The U.S. Supreme Court has agreed to hear Health and Hospital Corp. v. Talevski, which will reexamine whether the spending clause legislation (42 U.S.C. §1983) gives rise to private rights of action. Talevski, a resident of a state-run nursing facility, brought suit against the facility for violations of the Federal Nursing Home Reform Act (FNRA). Reconsideration of private rights of action under Section 1983 is critical for community services as it threatens access to legal action where states violate Medicaid law. The case is scheduled for argument during the Court’s October 2022-2023 term.

Overtime Rule

The U.S. Supreme Court agreed to hear Helix Energy Solutions Group v. Hewitt during the Court’s 2022-2023 term, which starts in October. The case will examine whether a supervisor who far exceeds the established salary threshold is entitled to overtime pay on the basis that it was computed on a daily basis and not an annualized basis. As the U.S. Department of Labor considers changes to the Overtime Rule, it will be critical to stay apprised of any new interpretations to the salary threshold and duties test.

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