10 Civ 2658 (EDNY)

Background: NYLAG filed Bernam v. Daines in June 2010 against the New York State Department of Health, the New York State Office of Temporary and Disability Assistance and Family Care Certified Services on behalf of Medicaid-funded applicants and recipients of certified home health aide (“CHHA”) services who sought to contest reductions, denials, or terminations of their care. The lawsuit challenged 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 challenged Defendants’ systemic failure to notify class members that their services would be denied, reduced, or terminated.

Current Status: On December 3, 2010, Judge John Gleeson denied Defendants’ motion to dismiss the Complaint for mootness and failure to state a claim.  On January 13, 2010, Named Plaintiff Meyer Bernam died.  As a result, on May 9, 2011, the case was dismissed.

NYLAG Co-Counsel:  Hughes Hubbard and Reed

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