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 ...
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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