NY Daily Record Since 1908
Monroe County Supreme Court
Public Health Law
Nursing Homes — Medicaid
The Brightonian Nursing Home v. Daines
2009-13213
Judge Rosenbaum
Background: Monroe County Supreme Court Judge Rosenbaum ruled New York State Public Health Law §2808(5)(c) unconstitutional due to its effect on the due process rights of nursing home owners who are unable to withdraw equity from their private bank accounts without, as the plaintiffs termed it, “bureaucratic approval.” This section of the Public Health Law has been the focus of frequent legislative amendment through the years, including several in 2010 alone. As approved by the Legislature on Aug. 13, and effective the same day, §2808(24) also has been amended to clarify the meaning of the original subsection 24, which became effective in 2007.
Update: Among the plaintiffs is the New York State Health Facilities Association, which describes itself as “a statewide professional association for more than 250 member facilities which span the continuum of long-term care in New York.” Its website states that it is a frequent “myth” that Medicare or health insurance will cover a patient’s entire stay within a nursing home.
“Unfortunately, Medicare and most health insurance policies provide little financial assistance toward the cost of nursing home care. If a resident has not planned for such a stay, the resulting bills can be devastating and drain most of all of his/her personal savings.”
The association continues to recommend the purchase of long-term care insurance.
Thomas Smith of Harter, Secrest & Emery LLP and F. Paul Greene for the petitioners; J. Richard Benitez, assistant New York State Attorney General, for the defendants
