On January 28, the First Circuit Court of Appeal held that under the Nursing Home Reform Act, states are required to provide specialized services to individuals with developmental disabilities and mental retardation. The court also held that the NHRA created a private right of action under Section 1983 and that the regulations implementing the Act were also enforceable. The court acknowledged recent Supreme Court cases Gonzaga University v. Doe and Alexander v. Sandoval but found its holding consistent with these cases. Rolland v. Romney, No. 02-1697, 2003 U.S. App. LEXIS 134 (1st Cir. Jan. 28, 2003).
On January 28, the First Circuit Court of Appeal held that under the Nursing Home Reform Act, states are required to provide specialized services to individuals with developmental disabilities and mental retardation. The court also held that the NHRA created a private right of action under Section 1983 and that the regulations implementing the Act were also enforceable. The court acknowledged recent Supreme Court cases Gonzaga University v. Doe and Alexander v. Sandoval but found its holding consistent with these cases. Rolland v. Romney, No. 02-1697, 2003 U.S. App. LEXIS 134 (1st Cir. Jan. 28, 2003).
