Legal Opinion

Konstantinov v. Daines

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 2012PublishedCited by 1 opinion

1Opinion of the Court

*521Supreme Court correctly found that the federal statute and implementing regulation governing hearings and decisions about Medicaid claims create a right to a final administrative determination within 90 days after a request for a hearing is made. 42 USC § 1396a (a) (3) mandates that a state plan for medical assistance “provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness.” This statute creates a right to a fair hearing that can be enforced…

2Cases cited5 opinions

  1. Coleman v. DainesNew York Court of Appeals · 2012
  2. Shakhnes Ex Rel. Shakhnes v. BerlinCourt of Appeals for the Second Circuit · 2012
  3. Fishman v. DainesDistrict Court, E.D. New York · 2010
  4. Smith v. LynchAppellate Division of the Supreme Court of the State of New York · 2008
  5. Brad H. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by1 opinion

  1. Lisnitzer v. ZuckerDistrict Court, E.D. New York · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API