453 F.2d 1228 (2nd Cir. 1972), 447, Harris v. Rockefeller

Docket Nº:447, 71-2090.
Citation:453 F.2d 1228
Party Name:Kathryn HARRIS et al., Plaintiffs-Appellants, v. Nelson ROCKEFELLER, Governor of the State of New York, individually and in his official capacity, et al., Defendants-Appellees.
Case Date:January 10, 1972
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 1228

453 F.2d 1228 (2nd Cir. 1972)

Kathryn HARRIS et al., Plaintiffs-Appellants,

v.

Nelson ROCKEFELLER, Governor of the State of New York, individually and in his official capacity, et al., Defendants-Appellees.

No. 447, 71-2090.

United States Court of Appeals, Second Circuit.

January 10, 1972

Argued Dec. 17, 1971.

Richard J. Hiller, Long Island City, N.Y. (Queens Legal Services Corp., Long Island City, N.Y., William B. Haley, Long Island City, N.Y., of counsel), for plaintiffs-appellants.

Amy Juviler, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, of counsel), for appellees Rockefeller, Wyman and the Dept. of Social Services of the State of New York.

Edward J. Mallon, New York City (J. Lee Rankin, Corp. Counsel, City of New York, Stanley Buchsbaum, Philip Agree,

Page 1229

Patrick Rooney, New York City, of counsel), for appellee City of New York.

Before SMITH, KAUFMAN and MULLIGAN, Circuit Judges.

PER CURIAM:

This is an appeal from an order denying an application for a preliminary injunction in an action brought by certain named drug addicts, residing in New York City, individually and on behalf of 3,000 individuals alleged to be similarly situated. They sought to enjoin the State and City of New York from denying Medicaid reimbursement for the cost of methadone maintenance treatment for their heroin addiction. Reimbursement was denied because appellants were receiving treatment in private treatment centers which had not obtained approval from various federal and state agencies. There are currently four approved centers in New York City from which reimbursable maintenance treatment can be obtained. Appellants claimed, inter alia, that this refusal violates various provisions of 42 U.S.C. § 1396-§ 1396g, which authorize federal grants to states for medical assistance programs and N.Y. Social Services Law, § 363- § 369 (McKinney's Consol.Laws, c. 55, Supp.1971) which establish such a program in New York (Medicaid). They further urge that to provide reimbursement for treatment at some centers but not for treatment at others violates their rights under the equal protection clause of the constitution.

The District Court found that, under the applicable state regulation, a condition precedent to the dispensation of methadone was the...

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