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EVELYN v. KINGS COUNTY HOSP. CENTER

No. CV 91-1108 (RR).

956 F.Supp. 288 (1997)

EVELYN V., Hubert B., Robert S., Jill B., Daniel H., and Sara R., individually and on behalf of all others similarly situated, Plaintiffs, v. KINGS COUNTY HOSPITAL CENTER; James Buford, as Executive Director of Kings County Hospital Center; New York City Health and Hospitals Corporation; J. Emilio Carrillo, as President of the Board of Directors of the New York City Health and Hospitals Corporation; the Board of Directors of the New York City Health and Hospitals Corporation; Gregory Kaladjian, as Acting Commissioner of the New York State Department of Social Services, and Mark Chassin, as Commissioner of the New York State Department of Health, Defendants.

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

January 30, 1997.

Attorney(s) appearing for the Case

Social Justice Project BLS Legal Services Corporation, Brooklyn, NY, by Jane Greengold Stevens, for Plaintiffs.

The Legal Aid Society, New York City, by Helaine Barnett, Attorney-in-Charge, Rolando T. Acosta, Constance P. Carden, Susan Sternberg, Brooklyn Neighborhood Office, Brooklyn, NY (Scott Rosenberg, Director of Litigation, of counsel) Civil Appeals & Law Reform Unit, New York City, for Plaintiffs.

The Honorable Paul A. Crotty, Corporation Counsel for the City of New York, New York City, by Muriel Goode-Trufant, Georgia Pestana, for Defendants Kings County Hospital, James Buford, New York City Health and Hospitals Corporation, J. Emilio Carrillo, and the Board of Directors of the New York City Health and Hospitals Corporation.

The Honorable Dennis C. Vacco, Attorney General of the State of New York, New York City, (Susan Watson, Assistant Attorney General, of counsel), for Mary E. Glass and Barbara A. DeBuono.

MEMORANDUM AND ORDER

RAGGI, District Judge:

For the second time in this case, the court is asked to decide whether patients who seek and obtain medical care at New York's Kings County Hospital Center can maintain an action pursuant to 42 U.S.C. § 1983 (1994) for alleged violations of Title XIX of the Social Security Act, more commonly referred to as Medicaid, 42 U.S.C. § 1396 et seq. (1994).1 In 1993,...

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