NY Times Homecare Suit

Janie Taylor, 84, who has diabetes and other ailments, said her aide service was cut to five hours a day from 10 without notice. Credit Jennifer S. Altman for The New York Times

As reported in the New York Times, NYLAG has filed a federal class action law suit accusing New York State of failing to protect the rights of disabled and chronically ill Medicaid recipients who receive home care services through managed care contractors.

The plaintiffs named in NYLAG’s complaint are representative of thousands of New Yorkers who struggle with severe health conditions and depend on Medicaid-funded care, but are now having their services reduced or discontinued without adequate notice or the opportunity for a Fair Hearing, as required by law.

In the last year, Times health reporter Nina Bernstein has written numerous articles about the human toll of the State’s decision to turn billions in public funding for long-term managed care services over to private companies that are paid a fixed sum for each enrollee. As these companies strive to keep their costs down, community advocates have reported dramatic reductions in the level of care being provided to people with the most urgent – and expensive – needs. Today’s article describes NYLAG’s lawsuit as “taking these complaints to a new level, charging that the State is now allowing companies to quietly reduce or terminate home care to people whose need for services has not changed, without giving them a meaningful chance to object.”

Read the Times article.

Read the class action complaint.