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United States Second Circuit


Backer v. Shah, 14-1367

In a 42 U.S.C. section 1983 action alleging that the New York State Department of Health (DOH) violated the Medicaid Act, 42 U.S.C. section 1396 et seq., when DOH determined that guardianship fees approved by a state court could not be deducted from plaintiff's Medicaid-required contributions to her nursing home costs, the district court's dismissal of the suit is affirmed where although plaintiff has standing, she has nevertheless failed to state a valid Section 1983 claim.

Appellate Information

  • Decided 06/03/2015
  • Published 06/03/2015

Judges

  • WINTER

Court

  • United States Second Circuit

Counsel

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