On March 10, 2016, a Preliminary Injunction was issued following the recent Memorandum and Order issued in Fishman v Daines, 09-CV-5248 (E.D.N.Y. March 4, 2016).

     "Defendants are preliminarily enjoined from dismissing administrative appeals of defaulting Medicaid appellants who are not given at least 10 days to respond to a written notice from defendants inquiring whether they would like their hearings rescheduled. The 10 day period begins to run from the date of the mailing by the defendants. Defendants have until April 11, 2016, to implement this injunction. The requirement for the posting of security is waived by the Court."

The defendants in Fishman are both the New York State Department of Health (DOH) and the New York State Office of Temporary and Disability Assistance (OTDA).

The Fishman plaintiff class is represented by Peter Vollmer.

For more information, see the article, Dismissal of a Fair Hearing Request.

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Author: Gene Doyle, LMSW.