ADHCC Sends Letter to Commissioner Zucker to Resume In-person ADHC Services

On December 21st, Hank M. Greenberg, our attorney at Greenberg Traurig, sent a letter to Commissioner Zucker on behalf of the Adult Day Health Care Council to request the Department to resume in-person ADHC services. The letter argues that ADHC programs have been treated in an arbitrary and discriminatory fashion, resulting in catastrophic economic damage to the industry and loss of health care services to thousands of New Yorkers. The letter goes on to say that DOH’s statewide closure of all in-person ADHC programs is susceptible to legal challenge on multiple grounds. The legal challenges detailed in the letter include:

• DOH lacks statutory authority to single out and shutdown an entire industry for an indefinite period. No statute confers on DOH unbridled power to suspend transportation to and attendance at ADHC;
• The Suspension Order and Executive Order 202.5 may violate the separation of powers doctrine;
• The Suspension Order is subject to challenge as an unconstitutional mandate;
• The Suspension Order may also constitute a violation of ADHC program’s rights to constitutional equal protection; and,
• The Suspension Order is subject to challenge as arbitrary and capricious and an abuse of discretion.

In addition to Dr. Zucker, the letter was also sent to Governor’s counsel and DOH staff. The letter can be found here.

Contact: Anne Hill, ahill@leadingageny.org, 518-867-8836