Shakhnes v. Berlin, No. 11-2003-cv, U.S. App. (2d Cir. Aug. 13, 2012)
Decision involving New York plaintiffs who filed for declaratory and injunctive relief requiring the Medicaid agency to hold a fair hearing within 90 days of a request. The 2nd Circuit agreed that a fair hearing must be held within 90 days but did not agree that a final decision must be entered within that time period. In its holding the Court stated, ‘We hold that plaintiffs’ statutory right to an opportunity for Medicaid fair hearings, as construed by the regulation, is enforceable through 42 U.S.C. § 1983.’
