| Woman
Challenges NYS on Medicaid Due Process Now
After 2d Circuit, Nephew Proceeds
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Sept 3 – Rosalind Bellin
in 2019 sued the New York
State Health Commissioner and
ElderServe Health for a lack
of due process in determining
how many hours of personal
service case she is entitled
to under Medicaid.
The case went to
the Second Circuit Court of
Appeals and has been
remanded.
On September 2 U.S. District
Court for the Southern
District of New York Judge
Alvin K. Hellerstein held a
proceeding. Inner City Press
covered it.
Judge Hellerstein first asked
how Bellin could be
represented by her nephew, as
her lawyer. But the request is
for injunctive relief, and the
nephew does not rely on his
aunt for financial
support.
The
defendants wanted to dispense
with discovery and just brief
whether the State's
proceedures are fair enough.
But Bellin and
her nephew want discovery into
the property interest - and
are interested in class
certification. Judge
Hellerstein asked for a joint
Case Management Plan in two
weeks.
The case is
Bellin v. Zucker et al.,
19-cv-5694 (Hellerstein)
***
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