Legal Opinion

Lutwin v. Thompson

Court of Appeals for the Second Circuit

Decided February 26, 2004No. 01-6269PublishedCited by 9 opinions

1Opinion of the Court

Judge WINTER dissents in a separate opinion.

JOSÉ A. CABRANES, Circuit Judge.

Plaintiffs in this class action are home-bound Medicare beneficiaries who rely on Medicare coverage for various home health services provided by private Home Health Agencies (“HHAs”). They seek declaratory and injunctive relief that would require the Secretary of the United States Department of Health and Human Services (“the Secretary” or “HHS”) to compel HHAs to provide greater procedural protections before reducing or terminating home health services to Medicare beneficiaries.

The United States District Court for…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Christopher v. HarburySupreme Court of the United States · 2002
  4. Heckler v. RingerSupreme Court of the United States · 1984
  5. Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000

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3Cited by9 opinions

  1. Szewczyk v. Department of Social ServicesSupreme Court of Connecticut · 2005
  2. City of New York v. ChavezDistrict Court, S.D. New York · 2013
  3. Sperry Associates Federal Credit Union v. U.S. Bank (In re White)United States Bankruptcy Court, E.D. New York · 2014
  4. McCord v. Jaspan Schlesinger Hoffman, LLP (In Re Monahan Ford Corp. of Flushing)United States Bankruptcy Court, E.D. New York · 2008
  5. Assn of Home Help Care Agencies v. Dept of Health & Human ServicesMichigan Court of Appeals · 2020

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