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Catanzano v. Wing
992 F. Supp. 593 (W.D.N.Y. 1998). ; Clearinghouse Number: 45058
Description
States May Require Home Health Agencies to Provide Care
Abstract
The district court ruled that Medicaid’s freedom-of-choice
law, 42 U.S.C. § 1396a(a)(23), did not preclude a state from
obligating home health care providers to give care. Medicaid
recipients of home health care brought a class action suit after
New York State amended its laws governing home health care to
create a four-step process for certified home health agencies
(CHHAS) to decide whether to provide services. The trial court
halted the process, and the Second Circuit agreed but returned the
case to the district court to determine whether federal law
prohibited a state from requiring providers to give care against
their will. The court, ruling in favor of plaintiff-appellee and
other recipients, reasoned that the legislative history of the
freedom-of-choice law indicated that Congress intended to confer a
right upon recipients, not providers. It held that chhas act for
the state in providing services to Medicaid recipients and that for
CHHAS to refuse to fulfill a state’s obligation to give care
would mean that states could effectively evade their obligation to
give care by delegating to CHHAS.
Additional Information
Files
- Class Action Complaint
- Affidavit of Bryan D. Hetherington & discussion of applicable law
- Order to Show Cause & Temporary Restraining Order
- Not Available
- Brief for Appellants
- Brief of Plaintiffs-Appellees
- Opinion
- Decision and Order
- Decision and Order
- Decision and Order
- Decision and Order
- Decision and order
