A fund created during state Medicaid reforms in 2011 should benefit home-birthed babies who suffer neurological damage and not just those born in hospitals, a Brooklyn judge has decided.
State Supreme Court Justice Marsha Steinhardt said her study of the New York State Medical Indemnity Fund showed that neither Gov. Andrew Cuomo’s office, which developed the fund, nor the Legislature, which approved it, intended for the location of an impaired baby’s birth to exclude them from benefits.
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