Case Study: Charles Strouchler V. Nirav Shah

Law360, New York ( September 24, 2012, 12:48 PM EDT) -- The United States District Court for the Southern District of New York recently granted a preliminary injunction in favor of a putative class of Medicaid beneficiaries that will preserve their access to 24-hour continuous home care services. [1] This decision highlights the tension between providing services to those in need and reducing expenditures in a time of budget crisis, with the court ultimately determining that the state's action of terminating and reducing of Medicaid services was not in compliance with the Medicaid Act and did not afford sufficient procedural due process. . . .

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