Cherrie v. Virginia Health Servs., Inc.Annotate this Case
The two decedents in these consolidated cases were residents at two different nursing homes operating by Virginia Health Services, Inc. After their deaths, the executors asked the nursing homes to provide copies of the written policies and procedures in effect during the decedents’ stays. The nursing homes refused, and the decedents’ estates filed declaratory judgment complaints seeking to assert a private right of action for the production of documents under 12 VAC 5-371-140(G). Specifically, the estates sought an order of “specific performance” compelling the nursing homes to provide the requested documents. The circuit court dismissed both complaints, holding that the regulation did not require the production of documents requested by the estates. The Supreme Court affirmed, albeit on different grounds, holding (1) the governing statute does not imply a private right of action for the enforcement of this regulation; and (2) therefore, the estates’ claims cannot be enforced in a declaratory judgment action.