Dajour B. v. City of New York

(S.D. N.Y. filed Mar. 17, 2000) ; Clearinghouse Number: 53005

Description

Homeless Children with Asthma Claim That New York City and State Officials Denied Them Essential Medical Treatment

Abstract

In a class action against defendant New York City and state agency officials, plaintiff homeless New York City children who suffer from asthma allege that defendants failed to inform them and their families of the availability of early and periodic screening, diagnosis, and medical treatment (EPSDT) as mandated by title XIX of the Social Security Act, 42 U.S. C. §§ 1396 et seq. (Medicaid Act). Plaintiffs assert that, according to a recent study, nearly 40 percent of children residing in the city’s shelter system suffer from asthma, and 90 percent of homeless children with persistent asthma are not receiving adequate medical treatment. They allege that Medicaid is designed to ensure that poor people receive necessary medical services and that federal law requires participating states to provide EPSDT for Medicaid-eligible children under age 21. State regulations require city defendants to conduct outreach initiatives and to inform all households with eligible children of the availability of medical services and support services. Plaintiffs claim that, for many homeless families entering the city’s emergency shelter system, city officials in violation of these regulations do not inform families of the availability of EPSDT and fail to screen for, diagnose, and treat asthma. Plaintiffs allege that state defendants violated the Medicaid Act by failing to supervise city defendants adequately to ensure that they provide the mandated EPSDT services. In addition to claiming a violation of Section 1983, plaintiffs seek declaratory and injunctive relief, cost, and attorney fees.

Additional Information

Attorney Information
Plaintiff represented by David S. Frankel, Marjorie Sheldon, Susan Hawkins, Kramer Levin Naftalis & Frankel, 919 Third Ave., New York, NY 10022 (212.715.9100); Mitchell S. Bernard, Association to Benefit Children, 40 W. 20th St., 11th Floor, New York, NY 10011 (212.727.4469); Steven Banks, Amanda Moretti, Janet Sabel, Elisabeth Benjamin, Legal Aid Society, 90 Church St., 15th Floor, New York, NY 10007 (212.577.3277); Nancy S. Marks, Natural Resources Defense Council, 40 W. 20th St., New York,, NY 10011 (212.727.2700)
Docket Date
2000-03-17 00:00:00+00:00

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