Winkler v. Interim Services, Inc.

MEMORANDUM

CAMPBELL, District Judge.

Pending before the Court is Defendant’s Motion to Dismiss (Docket No. 50). For the reasons stated herein, Defendant’s Motion is DENIED.

FACTS

Plaintiffs are elderly and disabled Medicare beneficiaries who receive home health care services from Defendant. Plaintiffs allege that they are essentially being “dumped” and abandoned by Defendant as a result of recent changes in the Medicare reimbursement rules. Plaintiffs contend that Defendant’s refusal to provide them medically necessary home health care services is based simply upon the fact that Plaintiffs are…