A federal judge overstepped his authority by ordering that qualified recipients of home health assistance under Medicaid get services within 90 days of requesting an eligibility hearing, an appeals court ruled yesterday.
While a three-judge panel of the U.S. Court of Appeals for the Second Circuit unanimously affirmed Southern District Judge Richard Holwell’s (See Profile) determination that Medicaid recipients are entitled to a fair hearing over their entitlement to home health care, it rejected his injunction stipulating that services must start within 90 days of a hearing request.
