CARROLL v. DeBUONO

No. 96-CV-0502.

998 F.Supp. 190 (1998)

Helen CARROLL, as Surviving Spouse of Raymond Carroll, Deceased, and Harriet S. Herrick, as Surviving Spouse of John Herrick, on behalf of themselves and all others similarly situated, Plaintiffs, v. Barbara DEBUONO, M.D., MPH, Commissioner of Health of the State of New York, Ross Prinzo, Jr., Commissioner of the Albany County Department of Social Services, and Richard Staszak, Commissioner of the Schenectady County Department of Social Services, Defendants.

United States District Court, N.D. New York.

March 11, 1998.


Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany, NY (Peter Danziger, Pamela A. Nichols, Kathleen M. Treasure, of counsel), Office of Norma E. Hogan, Albany, NY (Norma E, Hogan, of counsel), for Plaintiffs.

Office of Attorney General, State of New York, Albany, NY (Robert A. Seigfried, Asst. Atty. Gen., of counsel), for Defendants Prinzo, Staszak and DeBuono.

County of Albany Department of Social Services, Albany, NY (Caroline Guresz, of counsel), for Defendant Prinzo.

Department of Social Services, General Counsel, Schenectady, NY (Francis Tedeschi, of counsel), for Defendant Staszak.


MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

This case challenges the validity of a New York State Department of Social Service regulation, 18 N.Y.C.R.R. 360-7.5(a)(5) (the "Regulation"), limiting a Medicaid recipient to reimbursement of medical costs incurred three months prior to their application and receipt of a medical card (the "retroactive period") to medical care provided by a Medicaid-enrolled provider.

Plaintiffs...

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