St. Joseph's Living Center v. Bremby, 3:17-cv-385 (JBA). (2018)
Court: District Court, D. Connecticut
Number: infdco20180322904
Visitors: 3
Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: ENDORSEMENT ORDER JANET BOND ARTERTON , District Judge . Plaintiff, Administrator of the Estate of Henrietta Bolander, moves [Doc. # 22] for an order of preliminary injunction to enjoin Defendant Bremby (Commissioner of the Connecticut Department of Social Services, sued in his official capacity) from denying Plaintiff her due process rights, and for failing to afford Ms. Bolander, the disabled Plaintiff, Medicaid benefit and nursing facility services with reasonable promptness. Ms. Bolande
Summary: ENDORSEMENT ORDER JANET BOND ARTERTON , District Judge . Plaintiff, Administrator of the Estate of Henrietta Bolander, moves [Doc. # 22] for an order of preliminary injunction to enjoin Defendant Bremby (Commissioner of the Connecticut Department of Social Services, sued in his official capacity) from denying Plaintiff her due process rights, and for failing to afford Ms. Bolander, the disabled Plaintiff, Medicaid benefit and nursing facility services with reasonable promptness. Ms. Bolander..
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ENDORSEMENT ORDER
JANET BOND ARTERTON, District Judge.
Plaintiff, Administrator of the Estate of Henrietta Bolander, moves [Doc. # 22] for an order of preliminary injunction to enjoin Defendant Bremby (Commissioner of the Connecticut Department of Social Services, sued in his official capacity) from denying Plaintiff her due process rights, and for failing to afford Ms. Bolander, the disabled Plaintiff, Medicaid benefit and nursing facility services with reasonable promptness. Ms. Bolander died on September 28, 2016; the Plaintiff Administrator requested a hearing on December 29, 2016 regarding Defendant's January and March 2016 denials of Ms. Bolander's Medicaid application. Inasmuch as there is no allegation that Ms. Bolander was discharged from the nursing home facility as of the time of her death, the relief sought by injunction, no matter how characterized, is to recover the balance of unpaid Medicaid payments accrued for her care at St. Joseph's Living Center through the time of her death. That this result could be achieved through enforcement of Defendant's compliance with state and federal regulations does not alter the reality that Plaintiff can show no irreparable harm, presumed or actual, only monetary damages, and Plaintiff's Motion for Preliminary Injunction must be denied.
IT IS SO ORDERED.
Source: Leagle
