Egan v. DeBuono

In Egan v. DeBuono (259 A.D.2d 414) the First Department unanimously affirmed the determination of DOH that petitioner was no longer eligible for 24-hour in-home personal care services. After concluding that the respondents did not violate petitioner's due process rights, the Appellate Division stated that, although the petitioner had pled a cognizable claim under the ADA, " a State's obligation 'to provide appropriately integrated services is not absolute as the ADA does not require that a State make fundamental alterations in its Medicaid program.'" (Id. at 415.)