BELLIN v. ZUCKER

Docket No. 20-1463 August Term, 2020.

6 F.4th 463 (2021)

Rosalind BELLIN, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. Howard A. ZUCKER, M.D., J.D., in his official capacity as Commissioner, New York State Department of Health, ElderServe Health, Inc., dba RiverSpring at Home, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2021.


Attorney(s) appearing for the Case

Aytan Y. Bellin ( Nina Keilin , Law Office of Nina Keilin, New York, NY, on the brief), Bellin & Associates LLC, White Plains, NY, for Plaintiff-Appellant Rosalind Bellin.

Caroline A. Olsen , Assistant Solicitor General of Counsel, Barbara D. Underwood , Solicitor General, New York State Office of the Attorney General, New York, NY, for Defendant-Appellee Howard A. Zucker.

Brian T. McGovern ( Mara R. Lieber , on the brief), Crowell & Moring LLP, New York, NY, for Defendant-Appellee ElderServe Health, Inc., DBA RiverSpring at Home.

Martha Jane Perkins and Sarah Somers , National Health Law Program, Chapel Hill, NC; Alice Bers , Center for Medicare Advocacy, Willimantic, CT, for National Health Law Program, Center for Medicare Advocacy, and Justice in Aging, Amici Curiae in support of Plaintiff-Appellant Rosalind Bellin.

Benjamin W. Taylor , New York Legal Assistance Group, New York, NY, for Empire Justice Center and New York Legal Assistance Group, Amici Curiae in support of Plaintiff-Appellant Rosalind Bellin.

Before: Pooler, Wesley, and Carney, Circuit Judges.


Plaintiff-Appellant Rosalind Bellin brings this 42 U.S.C. § 1983 action on behalf of herself and a putative class of similarly situated Medicaid beneficiaries. She alleges that managed long-term care plans ("MLTCs") that contract with New York State violate Medicaid beneficiaries' rights under the Due Process Clause of...

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