United States Second Circuit

In a class action suit brought by residents of New York City who applied for or received Medicaid-funded home health services, and who requested or will request fair hearings to challenge the denial, reduction, or termination of such services, the judgment of the district court granting declaratory and injunctive relief in favor of class plaintiffs is affirmed in part, vacated in part, and remanded, as although plaintiffs' statutory right to an opportunity for Medicaid fair hearings, as construed by the regulation, is enforceable through 42 U.S.C. section 1983, district court's injunctive order is overbroad because "final administrative action" does not include the implementation of relief ordered in fair hearing decisions.

Appellate Information

• Decided 08/13/2012
• Published 08/13/2012

Judges

• Straub

Court

• United States Second Circuit

Counsel