Second Circuit Doubts NY ‘Eviscerated’ Fiscal Intermediary Deals

Second Circuit judges on Thursday seemed dissatisfied with arguments that New York State violated the rights of fiscal intermediaries when it switched to a single, statewide provider for home care services.

Four fiscal intermediaries that provided financial and administrative services to home care recipients under the state’s Consumer Directed Personal Assistance Program want the court to revive their case challenging New York’s decision. But Judge Susan Carney said during oral argument she was “having difficulty” finding a clause in the fiscal intermediaries’ program contracts “that was eviscerated by the state.”

Senior Judge John M. Walker Jr. and Judge Richard J. ...