BRAD v. CITY OF NEW YORK (2004)

Order, Supreme Court, New York County (Richard F. Braun, J.), entered November 20, 2003, which modified a Stipulation of Settlement to allow defendants to extend the time within which to reactivate Medicaid benefits for the class members, and provided for emergency temporary benefits where needed, unanimously affirmed, without costs.   Appeal from order, same court and Justice, entered June 13, 2003, which denied an earlier show cause order for modification of the stipulation, unanimously dismissed, without costs.

Medicaid eligibility depends upon verification of the application (see Social Services Law § 366-a[2][a],[3][a];  Hope v. Perales, 83 N.Y.2d 563, 572-73, 611 N.Y.S.2d 811, 634 N.E.2d 183), and modification of the stipulation to give defendants more time within which to verify information and complete the reactivation process was necessary to comply with state law (see Rampe v. Giuliani, 281 A.D.2d 609, 722 N.Y.S.2d 564, lv. denied 96 N.Y.2d 716, 730 N.Y.S.2d 32, 754 N.E.2d 1114).   Plaintiffs' contention that the court had no basis for finding the normal course of investigation takes seven days is belied by the record, which includes an affidavit detailing the reactivation steps and demonstrating why defendants required that much time to complete the process.

The stipulation of settlement needed further modification, pursuant to Social Services Law § 133, to require the grant of temporary Medicaid benefits pending the completion of an investigation for class members in immediate need.   The language of the statute is clear, providing for temporary assistance and care pending any investigation relating to benefit eligibility.   By definition, temporary assistance and care includes “medical assistance for needy persons” (Social Services Law § 2[18], § 363).   Contrary to defendants' contention, § 133 is applicable to Medicaid benefits (see e.g. Henrietta D. v. Giuliani, 119 F.Supp.2d 181, 215 [E.D.N.Y.], appeal dismissed 246 F.3d 176).

We have considered defendants' remaining contentions and find them to be without merit.