Johnson v. Shah and Spitzer v. Shah (2011)

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

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.  Both Johnson and Spitzer also challenge state regulations denying due process rights to individuals when cuts are characterized as “pursuant to doctor’s orders.”

In 2013, Plaintiffs settled their claims against each CHHA, for both injunctive relief and damages for named plaintiffs, and modest attorneys’ fees.  In May 2014, Plaintiffs settled their claims against the State Defendants.

NYLAG Attorneys: Jane Greengold Stevens, Eileen Connor, Jennifer Magida, Danielle Tarantolo, Sabrina Tavi, Benjamin Taylor

Co-Counsel: Patterson Belknap Webb and Tyler

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