University of Michigan Law School
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Case Name Taylor v. Zucker PB-NY-0027
Docket / Court 1:14-cv-05317 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Public Benefits / Government Services
Case Summary
On July 15, 2014, this class action was filed in the United States District Court for the Southern District of New York against the New York State Department of Health and the New York State Office of Temporary and Disability Assistance. The plaintiffs are elderly or disabled Medicaid recipients ... read more >
On July 15, 2014, this class action was filed in the United States District Court for the Southern District of New York against the New York State Department of Health and the New York State Office of Temporary and Disability Assistance. The plaintiffs are elderly or disabled Medicaid recipients in New York who receive home-care services through Medicaid Managed Care Organizations (MCOs), which are privately-owned and operated companies contracted by the state. They seek injunctive and declaratory relief under the Medicaid Act, the ADA, the Rehabilitation Act, and 42 USC § 1983, for violation of their due process rights under the 14th Amendment.

The plaintiffs allege that these MCOs terminated or reduced their home-care services without proper notice; that the services were terminated or reduced without any change in their condition or circumstances that would warrant such an alteration; and that they were denied aid-continuing benefits pending internal appeals.

The three named plaintiffs tell a similar story: They each received a letter from their MCO summarily reducing their amount of home care. The letters claimed to be new authorizations of care, rather than reductions in current services. In one case, the letter reduced the plaintiff's care from 10 hours per day to 5. Another's was tapered over a period of four months from 24 hours/day to a total termination of care. None of the notices identified any changes in the plaintiffs' conditions to warrant such a reduction. The plaintiffs were also denied continued care while their requests for fair hearings were pending.

In filing their complaint, Plaintiffs claimed that this action was related to another case currently pending in the Southern District of New York,
Strouchler v. Shah. Thus, this case was originally assigned to the judge of the Strouchler case (Judge Shira A. Scheindlin). But on August 4, 2014, the case was declined as not related. It was then assigned to Judge Colleen McMahon.

Currently, the defendants still haven't filed their answer with the court.

Andrew Junker - 09/24/2014


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
Mental impairment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Payment for care
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) New York
New York State Office of Temporary and Disability Assistance
Plaintiff Description Three New York City recipients of Medicaid home care services.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
1:14-cv-05317-CM (S.D.N.Y.) 07/15/2014
PB-NY-0027-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 07/15/2014
PB-NY-0027-0001.pdf | Detail
Document Source: Bloomberg Law
Judges McMahon, Colleen (S.D.N.Y.)
PB-NY-0027-9000
Scheindlin, Shira A. (E.D.N.Y., S.D.N.Y.) [Magistrate]
PB-NY-0027-0001
Monitors/Masters None on record
Plaintiff's Lawyers Schulman, Yisroel (New York)
PB-NY-0027-0001
Stevens, Jane Greengold (New York)
PB-NY-0027-0001 | PB-NY-0027-9000
Tavi, Sabrina (New York)
PB-NY-0027-9000
Taylor, Benjamin (New York)
PB-NY-0027-0001 | PB-NY-0027-9000
Defendant's Lawyers Simon, Jennifer C. (New York)
PB-NY-0027-9000
Other Lawyers None on record

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