Defendants are officials of the state agencies that administer the Medicaid program. Plaintiffs seek declaratory and injunctive relief, including retroactive reinstatement and continuation of eligibility until they are determined ineligible, and prospective eligibility for those improperly denied Transitional or Extended Medicaid for a period equal to the period for which they were improperly denied. Plaintiffs have filed their brief to New York's highest court in their appeal from the adverse appellate court decision rejecting their claim that the City defendants must use the prevailing wage in calculating the number of hours of workfare participation. The appellate court decision had reversed the favorable lower court decision, concluding that plaintiffs no longer had a claim since the state welfare law requiring use of the prevailing wage in determining workfare hours had been repealed and rejecting their constitutional claim. It had further dismissed their other federal and state constitutional claim, and failed to address other claims.
Plaintiffs argue for reversal on several bases.
First, they argue that the appellate court found that WEP workers can never be considered to be performing public work within the meaning of article I, section 17 of the New York State Constitution in direct contradiction to the judicial interpretation of that section. That provision guarantees the prevailing wage to workers performing public work. Secondly, they argue that the court incorrectly dismissed the complaint despite the fact that the plaintiffs had claims for relief under statutes existing when the action was filed. Finally, the plaintiffs argue that the Appellate Court incorrectly dismissed their claim for treatment comparable to that received by other workers in quantum meruit and under the equal protection clauses of the New York and federal constitutions. OH Sanction Reversed Based on Client's Good Faith Effort and Agency Misinformation Jones v. Ohio Department of Human Services,, Case No.