Mauceri v. Chassin case brief

Mauceri v. Chassin case brief summary
594 N.Y.S.2d 605 (1993)

CASE SYNOPSIS

Plaintiff agent brought a declaratory judgment action alleging that the provisions of N.Y. Pub. Health Law § 3605 did not apply to her business and requesting the court to enjoin defendant state from further interfering with her business. The state requested the court to enjoin the agent from conducting business.

CASE FACTS
The agent provided the names of home health aides to patients. The patients paid the agent for the service, but the agent did not screen the aides. The state contended that the agent was not licensed under N.Y. Pub. Health Law § 3605 and requested that the agent be enjoined from operating her business until she received the proper license. The agent contended that N.Y. Pub. Health Law § 3605 did not apply to her business because she did not specify pay scale hours or duties of the aides and she did not screen the aides.

DISCUSSION

• The court granted the state's motion to enjoin the agent from operating the business. 
• The court held that the agent was operating a home care agency because she accepted a fee for referring patients to individual home health care aides, and the agent's business was an organization engaged in arranging for home health aide services.

CONCLUSION
The court granted the state's request to enjoin the agent from conducting business until she obtained a license or operating a home care agency.


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