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

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