Title
Greenery Rehabilitation Group, Inc. v. Hammon, 150 F. 3d 226 - Court of Appeals, 2nd Circuit 1998
Document Type
Article
Publication Date
7-28-1998
Abstract
Defendants - third - party - plaintiffs - appellants the City of New York, Marva L. Hammon, Commissioner of the New York City Human Resources Administration, Brian J. Wing, former Acting Commissioner of the New York State Department of Social Services, Barbara DeBuono, Commissioner of the New York State Department of Health, and third-party-defendant-appellant Donna E. Shalala, Secretary of the United States Department of Health and Human Services, appeal from a declaratory judgment entered in favor of plaintiff-appellee The Greenery Rehabilitation Group, Inc., in the United States District Court for the Northern District of New York (McAvoy, C.J.) after a bench trial. The district court determined that undocumented aliens who suffered serious traumatic head injuries were suffering from "emergency medical condition[s]" within the meaning of 42 U.S.C. § 1396b(v)(3), 42 C.F.R. § 440.255(b)(1) and corresponding New York State regulations, after initial treatment of the injuries. The patients were stable but had chronic debilitating conditions requiring continuous daily care, following initial treatment. Accordingly, the court ordered payment to plaintiff-appellee The Greenery Rehabilitation Group, Inc., a health care provider, pursuant to the Medicaid scheme.
For the reasons that follow, we reverse.
Recommended Citation
Miner, Roger J., "Greenery Rehabilitation Group, Inc. v. Hammon, 150 F. 3d 226 - Court of Appeals, 2nd Circuit 1998" (1998). Circuit Court Opinions. 223.
https://digitalcommons.nyls.edu/circuit_opinions/223
Comments
150 F.3d 226 (1998)
The GREENERY REHABILITATION GROUP, INC., Plaintiff-Appellee,
v.
Marva L. HAMMON, as Commissioner of the New York City Human Resources Administration, City of New York, Brian J. Wing, as Acting Commissioner of the New York State Department of Social Services, and Barbara A. DeBuono, as Commissioner of the New York State Department of Health, Defendants-Third-Party-Plaintiffs-Appellants, Donna E. Shalala, as Secretary of the United States Department of Health and Human Services, Third-Party-Defendant-Appellant.
Docket Nos. 97-6236, 97-6238
United States Court of Appeals, Second Circuit.
Argued April 13, 1998.
Decided July 28, 1998.
New York Law School location: File #2627, Box #139