NYC Moves to Dismiss U.S. AG’s Long-Term Disability, Medicaid Lawsuit

New York City filed a motion to dismiss a federal lawsuit that alleges the city committed fraud by improperly authorizing home health care services for thousands of patients on long-term disability.

U.S. Attorney Preet Bhara filed the lawsuit in early January based on, what the city calls “sweeping generalizations,” and takes the “shocking position that the city should turn a blind eye to New Yorkers that are unable to take care of themselves.” Bharara said the city had been negligent for almost a decade in the way it had distributed money for personal care services.”

“It goes without saying that ultimate medical decisions about patient care should be made by doctors and nurses, not government bureaucrats,” Bharara said. “The allegations here are serious and unfortunately reflect a systemic failure to responsibly administer the Medicaid program.”

Disability advocates say the lawsuit could have a chilling effect on the approval of personal care services nationwide. “There is a concern that this could set a precedent” said Roger Bearden, director of the Disability Law Center for New York Lawyers for the Public Interest. Bearden says there is a concern that if the programs are attacked “in New York City, they can be attacked anywhere.”

If you have been the victim of disability discrimination or have questions about long-term disability appeals, contact the Indiana disability attorneys of Hankey Law Office P.C. at 317-634-8565 today.