Groups Defend NYC Personal Care Program for Disabed and Elderly, Call On U.S. to Drop Unfounded Suit
Legal Services E-lert
Bibliographic Info:
Author: Anemona Hartocollis
Source: The New York Times, “Groups Demand Withdrawal of Medicaid Fraud Lawsuit”
Date: January 14, 2010
The New York Times reports: “The Legal Aid Society and scores of other organizations representing the elderly and disabled banded together on Friday to demand that the United States attorney in Manhattan withdraw a lawsuit charging New York City with Medicaid fraud through its personal care program. In a strongly worded letter to Preet Bharara, the United States attorney in Manhattan, the advocates said that the lawsuit directly conflicted with federal policy and with a Supreme Court decision requiring states to try to keep those with disabilities in their homes rather than sending them to institutions. The letter contended that the lawsuit would have a chilling effect on city government’s willingness to authorize personal care in the home to people ‘who desperately need it.’ ‘New York City should be commended — not penalized — for its successful efforts to further this federal goal,’ said the letter, which had been signed by representatives of more than 200 disability-rights, legal and community organizations.
The letter was a response to a civil fraud complaint filed on Tuesday, in which Mr. Bharara charged that the city’s Human Resources Administration had overbilled the federal Medicaid program tens of millions of dollars by improperly approving 24-hour home care for thousands of patients.”