Bernam v. Daines: U.S.D.C., E.D.N.Y. Class action filed in June 2010 against Defendants New York State Department of Health, the New York State Office of Temporary and Disability Assistance, and home health service provider Family Care Certified Services, on behalf of Medicaid applicants and recipients who seek to contest reductions, denials, or terminations of their home health care services. The lawsuit challenges New York State regulations that deny fair hearing rights to Medicaid-funded home health care applicants and recipients when their service providers characterize cuts in care as pursuant to physicians’ orders. The case also challenges defendants’ systemic failure to notify class members that their services will be denied, reduced, or terminated. (JGS, CL, JM, BT)

NYLAG Files Class Action to Enforce Medicaid Due Process Rights