A court will now consider whether the State’s backlog of overdue inspections, some reportedly four years behind, violates residents’ rights under the Americans with Disabilities Act (ADA).
As reported by Maryland Mattersa federal judge recently ruled that a lawsuit against the Maryland Department of Health (MDH) over missed nursing home inspections can proceed as a class-action case. This decision could have widespread implications for thousands of Maryland residents living in nursing homes overseen by the state.
The case, originally filed by attorneys on behalf of five residents with mobility impairments, alleges that the State’s failure to complete federally required annual nursing home inspections has contributed to unsafe and substandard conditions for some of Maryland’s most vulnerable residents.
In the 2025 legislative session, MACo supported a bill sponsored by Senator Kramer aiming to increase transparency and keep the pressure on state regulators for nursing homes. As previously reported by MACoallowing local governments to assist with inspections and investigations ensures that no facility goes unchecked simply due to limited State resources. Counties believe that, given ongoing workforce challenges, allowing local agencies to complement State efforts when they feel they are capable is a wise strategy for protecting all Marylanders. However, that provision was ultimately removed after pushback from MDH citing cost and coordination concerns.
On April 22, U.S. District Judge Matthew J. Maddox denied MDH’s motion to dismiss the case and granted class certification, allowing the suit to represent approximately 9,000 Maryland nursing home residents with disabilities and mobility challenges. Advocacy group Justice in Aging is helping lead the lawsuit.
From the article:
At this early stage of the litigation, the Court finds the facts alleged in the Complaint sufficient to draw a chain of causation between MDH’s oversight and enforcement failures and Plaintiffs’ particularized and unique injuries and risks as mobility-impaired residents of nursing facilities, according to Maddox’s opinion. Defendants’ motion to dismiss the Complaint … shall be denied.
The lawsuit underscores the importance of timely state oversight to ensure safe, dignified care for nursing home residents
Stay tuned toConduit Streetfor more information.
