NYLAG Sues NY For Failing to Protect Medicaid Home Care Recipients
Guadagna v. Zucker
Many New Yorkers with low-income who suffer from serious illnesses or disabilities depend on home health services covered by Medicaid to live safely in their homes. This case challenges New York’s failure to protect these individuals when the private companies that provide their care shut down.
One of these private companies, which are called Managed Long Term Care Plans (“MLTCPs”), closed down in Suffolk, Nassau, and Westchester Counties. The New York State Department of Health (“DOH”), which is responsible for protecting Medicaid recipients, allowed this company to send out a confusing letter to the recipients about their rights, which caused many of them to lose care that they needed. This put their safety at risk and also violated their rights to due process under the United States Constitution.
Name: Guadagna v. Zucker
Dkt. #: 17 Civ. 3397 (EDNY 2017)
Judge: Hon. Denis R. Hurley
Status: Court granted class certification; Magistrate Judge Hon. A. Kathleen Tomlinson issued a Report and Recommendation recommending that the District Court grant summary judgment to the Plaintiffs because the Department of Health violated their rights under the Medicaid Act and the due process clause of the United States Constitution.
Violations of the Medicaid Act, the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.