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SAFE HAVEN HOME CARE v. U.S. DEP'T OF H.H.S.

22 Civ. 2267 (JPC).

681 F.Supp.3d 195 (2023)

SAFE HAVEN HOME CARE, INC., et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

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

Signed July 10, 2023.

Attorney(s) appearing for the Case

Derek M. Adams , Susan Baldwin Hendrix , Neil Harris Koslowe, I , Potomac Law Group, PLLC, Washington, DC, for Plaintiffs.

Mollie Melissa Kornreich , DOJ-USAO, New York, NY, David E. Farber , United States Attorney's Office, New York, NY, for Defendants United States Department of Health and Human Services (HHS), Xavier Becerra, United States Centers for Medicare & Medicaid Services, Chiquita Brooks-LaSure.

Seth Jonathan Farber , NYS Office of the Attorney General, New York, NY, for Defendants New York State Department of Health, James V. McDonald, Amir Bassiri.

OPINION AND ORDER

Plaintiffs, a group of licensed home care services agencies ("LHCSAs"), challenge a Medicaid payment scheme that was adopted and implemented by New York State and pre-approved by the federal government in the spring of 2022 (the "2022 Disbursement"). First, Plaintiffs claim...

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