Talbot v. Lucy Corr Nursing Home

Vacated and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge NIEMEYER and Judge LEGG joined.

OPINION

HAMILTON, Circuit Judge:

The issue presented by this appeal is whether a plaintiff who alleges a violation of the nursing care facility resident rights provisions of the Medicare Act, see 42 U.S.C. § 1395i-3(c), must exhaust her state administrative remedies before bringing a cause of action for those violations pursuant to 42 U.S.C. § 1983. Because we hold that the exhaustion of state administrative remedies is not required under such circumstances, we vacate the…