11 Civ 1956 (EDNY); 11 Civ. 3157 (EDNY)

Background: Johnson v. Shah was filed in April 2011 against the New York State Department of Health (“DOH”), the New York State Office of Temporary and Disability Assistance (“OTDA”), the New York City Human Resources Administration (“HRA”) and two Certified Home Health Agencies (“CHHAs”), Personal-Touch Home Care Inc. and Americare Certified Special Services Inc., on behalf of a class of recipients of certified home health care services, challenging 1) the Defendant CHHAs’ pattern and practice of reducing patients’ services without a medical justification for the reduction and without notice and an opportunity for a Fair Hearing and Aid Continuing and 2) the State and City Defendants’ failure to prevent these practices. Spitzer v. Shah was filed in July 2011 as a case related to Johnson v. Shah.  Spitzer presents the same legal claims as Johnson, against different CHHAs — Prime Home Health Services, VIP Health Services and Excellent Home Care Services — as well as against the same government Defendants.  The two cases were consolidated.  In 2011, Plaintiffs entered into stipulations with all CHHA Defendants to resolve Plaintiffs’ Motion for a Preliminary Injunction, and Plaintiffs dismissed Defendant HRA from the lawsuit.

Current Status:  In late 2011, the CHHA Defendants filed a Motion to Dismiss, which Plaintiffs opposed; the motion is pending.  The parties are currently engaged in discovery and settlement negotiations.  As part of the temporary settlement agreements which resolved Plaintiffs’ Motion for a Preliminary Injunction, the CHHA Defendants have agreed to provide notice to patients prior to reducing or terminating their care. Individuals can contact NYLAG if they believe a CHHA has violated their right to notice under these stipulations (see stipulations below).

SLU Attorneys: Jane Greengold Stevens, Eileen Connor, Jennifer Magida, Danielle Tarantolo, Sabrina Tavi

GLS Attorney: Benjamin Taylor

NYLAG Co-Counsel: Patterson Belknap Webb and Tyler

Relevant Links: