Kelly Kare v. andrew P. Orourke

The Westchester County Department of Social Services ("WCDSS") decided -- without giving any reason -- to terminate the Medicaid reimbursement contract of plaintiff Kelly Kare, Ltd. ("Kelly Kare"), a provider of health-care services to individuals who require medical assistance in their homes. Kelly Kare assails this as an unconstitutional deprivation of property and liberty because it limits Kelly Kares status as a qualified Medicaid provider and because it stains Kelly Kares professional reputation, without due process. Because it is clear that plaintiffs were afforded no process by WCDSS, we are squarely confronted with the issue of whether a provider of Medicaid-sponsored health-care services has a right to continued and uninterrupted participation in the Medicaid program.