Proud v. Shakhnes

Certiorari Denied

Petition for certiorari denied on April 15, 2013.

Docket No.12-859

Issue

Whether private litigants may enforce the ninety-day administrative time limit established by 42 C.F.R. " 431.244(f), which generally requires state Medicaid agencies to take final administrative action on requests for Medicaid fair hearings within ninety days of the date on which the Medicaid enrollee requests a fair hearing, through lawsuits brought under 42 U.S.C. § 1983.

Proceedings & orders timeline

Nov 5, 2012

Application (12A465) to extend the time to file a petition for a writ of certiorari from November 11, 2012 to January 10, 2013, submitted to Justice Ginsburg.

Nov 7, 2012

Application (12A465) granted by Justice Ginsburg extending the time to file until January 10, 2013.

Jan 10, 2013

Petition for a writ of certiorari filed. (Response due February 14, 2013)

Feb 1, 2013

Order extending time to file response to petition to and including March 18, 2013.

Mar 15, 2013

Brief of respondents Boris Shakhnes, et al. in opposition filed.

Mar 27, 2013

DISTRIBUTED for Conference of April 12, 2013.

Apr 3, 2013

Reply of petitioners Kristin M. Proud, Acting Commissioner of the New York State Office of Temporary and Disability Assistance, et al. filed. (Distributed)