A federal court held this week that nursing home residents with disabilities may proceed in a class action against the state of Maryland for failing to provide adequate oversight of its nursing facilities. The plaintiffs are individuals with mobility-related disabilities who rely entirely on nursing facilities for assistance with activities of daily living such as toileting, eating, mobility, and personal hygiene. These residents are regularly left unattended for hours in soiled linens and clothing. They cannot get out of bed or leave their rooms without assistance, and their calls for help go unanswered. The lawsuit asserts that the Maryland Department of Health fails to complete required annual surveys of nursing homes and to investigate residents’ complaints within mandated time frames. The state’s lack of oversight and failure to correct deficiencies acutely affect the plaintiffs due to their heightened need for care by, and reliance on, nursing facility staff.
On April 22, 2025, a judge denied the state’s motion to dismiss and certified the lawsuit as a class action. The case may now proceed to be litigated on behalf of all mobility-impaired residents of nursing facilities in Maryland.
Toby S. Edelman of the Center for Medicare Advocacy submitted an amicus brief in support of the plaintiffs. The brief highlighted the Federal Nursing Home Reform Act’s goal of protecting residents’ rights and their quality of life. It also emphasized the critical importance of the annual surveys of nursing facilities that states must conduct by law. As Ms. Edelman noted, “The survey process is the essential first step in identifying problems in resident care, quality of life, and residents’ rights that facilities must correct.”
The lawsuit brings claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. It seeks to compel Maryland’s Department of Health to hold nursing homes accountable when they fail to ensure that residents’ rights are honored and fail to provide services to support residents’ health, safety, and quality of life. Justice in Aging, Public Justice Center, and Arnold & Porter are litigating the case.
The Center for Medicare Advocacy applauds the court’s decision as an important step forward in ensuring that states uphold their obligations to their disabled citizens by properly administering their oversight and enforcement activities.
- Read the complaint in Connor v. Maryland Dep’t of Health.
- Read the court’s opinion.
- Read Toby Edelman’s amicus brief.
April 24, 2025 – A. Bers