A New Jersey district court rules that a nursing home cannot sue the state on behalf of a deceased resident whose Medicaid application was denied because the nursing home was not seeking prospective relief. Future Care Consultants, LLC., v. Connolly (U.S. Dist. Ct., D. N.J., No. 17-2552 (RMB/AMD), Feb. 26, 2018).
Delia Sarlo entered a nursing home and applied for Medicaid. Ms. Sarlo died shortly after the state denied her application. Three years later, a court appointed the nursing home as her Medicaid-authorized representative.
The nursing home sued the state in federal court on Ms. Sarlo’s behalf asking for injunctive relief. The nursing home claimed the state violated Medicaid law by denying the application. The state filed a motion to dismiss, arguing that the Eleventh Amendment barred the lawsuit because the nursing home sought retroactive benefits.
The U.S. District Court, District of New Jersey grants the state's motion to dismiss. The court holds that the Eleventh Amendment bars lawsuits seeking retroactive relief against state officials. Because Ms. Sarlo died before the lawsuit "there simply is no possibility of an ongoing violation of [Ms.] Sarlo's federal rights, nor any prospective relief that could remedy the alleged violation(s)," the court concludes.
For the full text of this decision, go to: https://cases.justia.com/federal/district-courts/new-jersey/njdce/1:2017cv02552/347359/25/0.pdf?ts=1519737927
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