Barclay Damons New Haven office. Courtesy photo92 Nursing Homes, Left Out of NYS Funding for Ongoing Capital Expenses, File Federal Lawsuit
The 92 plaintiff nursing homes claim that elimination of their reimbursement for ongoing capital expenses, a cost-cutting amendment adopted by the Department of Health that targets homes in older buildings, violates their equal protection rights under the U.S. Constitution.
December 27, 2024 at 03:54 AM
3 minute read
Dozens of for-profit nursing homes that are in older buildings have joined forces in a federal lawsuit that alleges the New York State Department of Health's decision to provide them with no money for ongoing capital expenses headed into 2025 is unconstitutional.
The 92 nursing homes claim that a cost-cutting amendment adopted by the Department of Health and its Commissioner, Dr. James V. McDonald, violates their equal protection rights under the United States Constitution, in that the state "unduly singled out Plaintiffs for disparate treatment, when compared to other proprietary nursing homes with fewer years of operation, and such disparate treatment lacks rational basis."
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