Gadway v. Blum

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This class action concerns the relationship between the medical assistance (“Medicaid”) program for the medically needy, 42 U.S.C. §§ 1396a(a)(10)(C) and 1396a(a)(17), New York Social Services Law §§ 366.-1(a)(5) and 366.2(b), and the Hill-Burton Act, 42 U.S.C. §§ 291 et seq. The issue here is whether the “spend-down” liability of a medically needy family 1 can be met by incurring a hospital bill which the hospital “writes off” as part of its obligation to provide free or reduced price care to low income people under the Hill-Burton Act. The…