Hanna Fox Quoted in “Judge Grants T.R.O. in Oxygen Therapy Case”

Capital New York

Hanna Fox, Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the firm’s New York office, was quoted in Capital New York, in “Judge Grants T.R.O. in Oxygen Therapy Case,” by Dan Goldberg. (Read the full version—subscription required.)

Following is an excerpt:

The problem, according to Hanna Fox, partner at Epstein, Becker & Green, who represents the device maker, is how the state reached its decision.

The state, she said, disregarded a recommendation to set up a formal process that would decide which Medicaid services to review.

Once a service was chosen, there was supposed to be a formal process, known as the "dossier process," to see whether the treatment merited state Medicaid funding.

"We're not saying the dossier process is absolutely wrong," Fox said. "I don't have a conclusion about that." …

"[Department of Health] failed to promulgate the dossier process and the pre-dossier process in accordance with the requirements of the New York Constitution, New York executive law and the New York State Administrative Procedure Act," Fox wrote in her court papers. "Having adopted the dossier process, D.O.H. failed to apply it properly."