Shakhnes v. Proud (2006)

06 Civ. 04778 (S.D.N.Y.)

Shakhnes v. Eggleston was filed in 2006 against the New York City Human Resources Administration (“HRA”), the New York State Office of Temporary and Disability Assistance and the New York State Department of Health (“State Defendants”) challenging the failure of New York City and State to provide Medicaid-funded home health care applicants and recipients with final administrative action within 90 days of a fair hearing request; timely and adequate notice of adverse actions concerning Medicaid-funded home health care; and “aid continuing” when Medicaid-funded home health care recipients timely request fair hearings, as required by law and regulations.

In September 2010, District Court Judge Richard Holwell certified the class and granted Plaintiffs’ motion for partial summary judgment against the State defendants.  State Defendants filed an appeal of the Court’s Order granting Plaintiffs’ motion, and the Second Circuit upheld the decision in part and reversed in part.  State Defendants filed a Petition for Certiorari to the United States Supreme Court, which the Court denied.

On September 21, 2012, the court entered a final injunction directing the State Defendant to provide fair hearings within 90 days of a fair hearing request, and to provide Plaintiffs with information sufficient to monitor compliance with the injunction.

NYLAG and co-counsel continue to monitor compliance with the injunction, and have observed substantial improvement in Defendants’ timely provision of fair hearings.

NYLAG Attorneys: Jane Greengold Stevens, Jennifer Magida, Danielle Tarantolo, Ben Taylor

NYLAG Co-Counsel: Dentons LLP

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