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Wesley Health Care Center, Inc. v. Debuono

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Submitted: October 23, 2000

Appeal from judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) dismissing on summary judgment plaintiff’s 42 U.S.C. � 1983 claims alleging violations of the Medicaid Act, 42 U.S.C. �� 1396, et seq., and the Fifth Amendment’s “takings clause” as applied to the states through the Fourteenth Amendment. Affirmed.

Plaintiff-Appellant Wesley Health Care Center, Inc. (“Wesley”) appeals from a judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge), upon a July 8, 1999, Decision and Order granting summary judgment to Defendants- Appellees, Barbara DeBuono, M.D., as Commissioner of the New York State Department of Health; Ross Prinzo, as Commissioner of the Albany County Department of Social Services; and Brian Wing, as Acting Commissioner of the New York State Department of Social Services. We affirm the judgment of the district court and hold that 1) 42 U.S.C. � 1396a(a)(25) does not confer a federal right which would support a private cause of action under 42 U.S.C. � 1983 upon health care providers like Wesley, and 2) Wesley has no takings claim under the Fifth Amendment to the United States Constitution as it is applied to the states through the Fourteenth Amendment because Wesley cannot show a property interest in the insurance proceeds that form the basis of its takings claim.

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