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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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