Doe v. Livanta LLC

MEMORANDUM AND ORDER   Plaintiff Jane Doe filed a motion for a temporary restraining order (“TRO”) on September 11, 2020, seeking to enjoin Defendant Livanta LLC (“Livanta”) from affirming the decision of a skilled nursing facility (“SNF”) to discharge her to at-home care. (Pl.’s Mot. TRO, ECF No. 4.) On September 13, 2020, the Court denied Defendant’s motion. (Mem & Order, ECF No. 6.) On September 17, 2020, Plaintiff filed a motion an “Emergency Stay of an Order Denying Plaintiff’s Motion for a Temporary Restraining Order.” (Pl.’s Reconsid. Mot, ECF No. 9.) BACKGROUND I. Factual Background Defendant Livanta is a Quality Improvement Organization (“QIO”),which hears appeals by Medicare recipients of discharge determinations by health care facilities in New York State.¹ (Compl.

8-9; 20.) Defendant Stein serves as Livanta’s medical director. (Id. 10.) Plaintiff is a 79-year-old Medicare beneficiary. (Id. 7.) Plaintiff previously resided in an in-patient rehabilitation facility and is alleged to suffer from medical conditions requiring neuro-muscular rehabilitation. (Id.