Mauceri v. Chassin
Supreme Court, Albany County, New York
594 N.Y.S.2d 605 (1993)
Relevant factsFree
Since 1979, Mauceri (plaintiff) operated a business supplying patients and families with names of home health aides for a fee, after which the patient or family independently arranged scheduling and duties directly with the aide; Mauceri never vetted the aides' qualifications or maintained medical records on clients. After a 1990 complaint, the state Department of Health told Mauceri that operating without a license violated state law; Mauceri argued the governing statute didn't actually cover her business model.
IssueFree
Whether supplying names of home health aides, without providing supervision or formal recommendations, satisfies the statutory definition of a home care services agency.