Experience

Healthcare Impact Litigation

Bronx Resident and Senior Center

New York Lawyers for the Public Interest (NYLPI) and Chadbourne filed suit against New York state over the state’s plan to close the Westchester Square Medical Center in the Bronx and eight other hospitals, as well as to restructure about 50 other facilities statewide. The suit was filed on behalf of a Soundview resident and a Parkchester senior center, which rely on Westchester Square Medical Center to meet their health care needs.

The suit alleges that the state legislature violated the New York State Constitution when it allowed unelected members of the Berger Commission to make law and institute sweeping changes in health care policy by mandating the closure of hospitals statewide. The action says that the enabling legislation that created the commission constitutes an unconstitutional delegation of legislative powers.

The Berger Commission, formally known as the New York State Commission on Health Care Facilities in the 21st Century, released a report on November 28, 2006 recommending the downsizing, merging and closure of hospitals and nursing homes around the state. These “recommendations” automatically became law on January 1, 2007 without legislative approval.

NYLPI has sharply criticized the Berger Commission’s shortsightedness and failure to address inequities in the health care system. By the commission’s own estimate, it will cost approximately $1.2 billion to implement its recommendations—money that, NYLPI argues, could be used to expand primary care services in medically underserved areas and reduce health disparities in communities of color.

The suit, filed in New York State Supreme Court in the Bronx, was brought as an application for a temporary restraining order and preliminary injunction to declare the enabling legislation unconstitutional and to enjoin the implementation of the Berger Commission’s recommendations by the State Department of Health. Additionally, the suit claims that implementation of the recommendations will require the expenditure of substantial New York state revenues.

About New York Lawyers for the Public Interest

New York Lawyers for the Public Interest (NYLPI) is a non-profit, civil rights law firm founded in 1976 to address unmet legal needs in the areas of disability rights, environmental justice, and access to health care. In partnership with member law firms, corporate law departments and other organizations, NYLPI helps underrepresented people develop legal strategies to serve their vision for themselves and their communities. The Access to Health Care Program works to ensure access to quality health care for people in medically underserved communities or facing barriers due to limited English proficiency and racial and ethnic discrimination. For more information, visit www.nylpi.org.