Matter of Danahy v. McDonald

Summary

The New York Appellate Division, Second Department, confirmed a New York State Department of Health determination discontinuing the petitioner's participation in the Home and Community-Based Services Medicaid Waiver for Individuals with Traumatic Brain Injury program. The court held that substantial evidence supported the agency's finding that the petitioner had failed to identify an appropriate community residence where he would receive waiver services.

Holdings

1. The Department of Health's determination upholding discontinuance of the petitioner's participation in the traumatic brain injury Medicaid waiver program was supported by substantial evidence and was not affected by an error of law.
2. The petitioner failed to demonstrate eligibility because he did not identify an appropriate community residence where he would receive waiver services.

Questions Presented

1. Whether the New York State Department of Health's determination upholding discontinuance of the petitioner's participation in the traumatic brain injury Medicaid waiver program was supported by substantial evidence and was free from legal error.
2. Whether the petitioner demonstrated eligibility for continued participation in the traumatic brain injury Medicaid waiver program.

Disposition

dismissed