DeLuca v. Hammons

MEMORANDUM AND ORDER

McKENNA, District Judge.

I. Introduction

This action is brought by Plaintiffs to challenge the legality of N.Y.Comp.Codes R. & Regs. tit. 18, (“18 N.Y.C.R.R.”), § 505.14(a)(6)(n)(6) (“the Initial Cap Regulation”), a New York state regulation that limits the number of home-care attendant hours that can be allocated to Medicaid recipients who are initial applicants for home care. 1 The Plaintiffs, some of whom are subject to the Regulation, 2 are elderly and infirm resi dents of New York City who require personal care services for more than four hours per day (28 hours per…