MEMORANDUM & ORDER Plaintiff Anatoly Pisman brings this putative class action under 42 U.S.C. §1983 on behalf of all New York Medicaid providers (the “providers”) who have received a notice that they have been placed in the New York State Department of Health’s (“DOH”) Accelerated Collection Campaign (the “ACC”). (Compl. (Dkt. 1) 2.) Plaintiff alleges that, through the ACC, Defendant Howard A. Zucker, Commissioner of DOH, has violated Plaintiff’s right under the Fifth and Fourteenth Amendments to procedural due process and has deprived Plaintiff of his private property without just compensation in violation of the Fifth Amendment. (Id.
42, 46.)Before the court is Defendant’s motion to dismiss the complaint. (Mot. to Dismiss (“Mot.”) (Dkt. 29).) For the following reasons, the motion is GRANTED.I. BACKGROUNDA. FactsThis case concerns Medicaid expenditures in the state of New York and the method used by DOH for collecting outstanding liabilities from Medicaid providers.According to Plaintiff, faced with the possibility that state Medicaid spending could exceed the maximum permissible amount of annual Medicaid expenditures (referred to as the “Medicaid Global Spending Cap”), the DOH has undertaken a number of “plan[s] of action[]” pursuant to which the state intends to “ bring spending in line with the cap.” (Compl. 26.) One such plan is the ACC. (Id. 27.) Through the ACC, DOH “collect[s] and keep[s] unverifiable purported overpayments from Medicaid providers where [DOH] either lacks records from which the existence of a liability may be determined, or has not provided such records” to the providers. (Id. 1.)The ACC works as follows. First, DOH sends a letter to Medicaid providers seeking payment by a date certain of outstanding Medicaid liabilities (the “Notice”). (Id. 28.) “The Notice informs providers of an overpayment balance that cannot be resolved by March 31, 2018[,] through recoupment against the provider’s current Medicaid claims.” (Id. 29.) The Notice offers providers three ways of resolving the outstanding balance: they may submit a payment directly to DOH; they may submit a repayment proposal detailing how the provider intends to pay the liability in full in advance of the deadline; or they may advise DOH if there is another provider to which DOH should transfer the outstanding liabilities. (Id. 30.) The Notice further informs providers that, if they do not respond or make acceptable payment arrangements within 15 days of the date of the letter, DOH will enlist state agencies “to ensure that the provider’s debt is retired in a timely manner.” (Id. 31.) According to Plaintiff, the Notice “neither provides any details concerning the purported liability nor gives providers the opportunity to be heard.” (Id.)Plaintiff, a physician enrolled as a provider in DOH’s Medicaid system, received a Notice on August 4, 2017 (the “Letter”). (Id.
