Post-Default Notice For Medicaid Applicants

A U.S. District Court has recently reversed an earlier decision that granted a preliminary injunction to Medicaid applicants who claimed that they were entitled to a post-default notice before their application for Medicaid was considered abandoned. In the State of New York once a Medicaid applicant loses their eligibility for Medicaid the state will send that person a letter notifying them that they can request a fair hearing. After that the state sends two more notices letting them know that the hearing has been requested and scheduled. The state will typically enter a default judgment against the applicant if they miss the hearing. The parties in this case claimed that the State of New York did not give them proper notice before entering a default judgement against them. This case, Fishman v. Daines, can be read here.

See Medicaid Applicants Entitled to Post-Default Notice Before Case is Abandoned, Elder Law Answers, March 8, 2016.