Amicus: Bellin v. Zucker, U.S. Court of Appeals, Second Circuit

Executive Summary

The National Health Law Program, along with the Center for Medicare Advocacy and Justice in Aging, filed this brief in the Second Circuit in support of the plaintiff. Rosalind Bellin receives Medicaid in New York and needs in-home long term care services to live in her home safely. She was denied the care she needed, but the state and managed care plan would not provide her the due process rights guaranteed by the Medicaid Act and Due Process Clause of the Constitution. The amicus brief explains the importance of due process rights in Medicaid managed care, describing the dominant role that managed care plays in Medicaid and the long history of Congress and the federal agency’s intent to ensure due process for beneficiaries.