Bowen v. City of New York

1 Analyses of this case by attorneys

  1. Texas Court Addresses Procedural Due Process Claims Caused by “Door-Closing” Recoupments and Calls for Elevated Safeguards to Providers’ Due Process Rights

    Arnall Golden Gregory LLPRebekah PlowmanJanuary 29, 2020

    In describing the argument as based on a double-standard, the Court cited the Fifth Circuit decision granting Family Rehab jurisdiction to seek injunctive relief: “We must ‘be especially sensitive’ to irreparable injury where the Government seeks to require claimants to exhaust administrative remedies merely to enable them to receive the [rights] they should have been afforded in the first place.” Family Rehab., Inc., 886 F.3d at 504 (citing Bowen, 476 U.S. 467, 484 (1986)).In conclusion, the Court found that the ALJ stage was critical to decreasing the risk of erroneous deprivation, and the impact on Family Rehab’s private interest (its very existence) was substantially greater than that of the government such that precluding Family Rehab from the ALJ hearing before recoupment violates its right to procedural due process.