CONCERNED HOME CARE PROVIDERS, INC. v. CUOMO

No. 13-3790-cv.

783 F.3d 77 (2015)

CONCERNED HOME CARE PROVIDERS, INC., American Chore Services, Inc., dba City Choice Home Care Services, Community Home Care Referral Service, Inc., Eagle Home Care, LLC, Pella Care, LLC, and Platinum Home Health Care, Inc., Plaintiffs-Appellants, St. Mary's Healthcare System for Children, Plaintiff, v. Andrew M. CUOMO, and Nirav R. Shah, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2015.


Attorney(s) appearing for the Case

Philip E. Rosenberg, Nixon Peabody LLP, Albany, NY; Benjamin F. Neidl,   Wilson Elser Moskowitz, Edelman & Dicker LLP, Albany, NY, for Plaintiffs-Appellants.

Jeffrey W. Lang, Assistant Solicitor General, Andrew D. Bing, Deputy Solicitor General, Barbara D. Underwood, Solicitor General, for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

David M. Slutsky, Levy Ratner, P.C., New York, NY, for Amicus Curiae 1199 SEIU United Healthcare Workers East in support of Defendants-Appellees.

Before: WALKER, WESLEY, and LIVINGSTON, Circuit Judges.


A section of the New York Public Health Law known as the "Wage Parity Law" sets the minimum amount of total compensation that employers must pay home care aides in order to receive Medicaid reimbursements for reimbursable care provided in New York City and Westchester, Suffolk, and Nassau Counties (the "surrounding Counties...

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