Backer Ex Rel. Freedman v. Shah

WINTER, Circuit Judge:

Mindy Backer appeals from Judge Mauskopfs Fed.R.Civ.P. 12(b)(1) and 12(b)(6) dismissal of her complaint alleging a Section 1983 violation. In that action, she claimed that the New York State Department of Health (“DOH”) violated the Medicaid Act, 42 U.S.C. § 1396 et seq., when DOH determined that guardianship fees approved by a state court could not be deducted from Backer’s Medicaid-required contributions to her nursing home costs. We conclude that Backer has standing but has nevertheless failed to state a valid Section 1983 claim. We therefore affirm.

BACKGROUND

Appellant…