The Coalition to Preserve Maimonides has filed an Article 78 petition in New York State Supreme Court in Albany County, asking the court to annul the Sept. 17 approval of the proposed Maimonides Health partnership with NYC Health + Hospitals.
The filing comes less than a month after the state’s Public Health and Health Planning Council unanimously approved the proposal.
The Coalition argues that the state’s review did not adequately address whether H+H has the legal authority to operate Maimonides under the proposed structure, as well as questions involving financial feasibility, community impact, health equity and H+H’s record as a hospital operator.
“The New York City public hospital system’s attempted takeover of a cherished non-profit, private hospital is unprecedented and illegal,” said Martin Bienstock, an attorney representing the Coalition to Preserve Maimonides.
The petition also seeks additional review of entities that would exercise hospital-operating authority and materials the Coalition says were considered outside the public record. The case follows an earlier Article 78 proceeding that resulted in a May 12 Albany County Supreme Court ruling requiring further state review of the transaction.
The court found that the state’s previous determination that its Safety Net Transformation Program review satisfied the requirements for Public Health Council review was affected by an error of law. They specifically noted that the proposed transaction could involve the merger of Maimonides into H+H or the creation of a new subsidiary to operate the hospital.
The proposed partnership is backed by approximately $2.245 billion in state funding. H+H has said the arrangement would provide Maimonides with access to higher Medicaid reimbursement and a unified electronic health record while supporting Brooklyn’s safety-net healthcare system.
The new petition does not itself halt the transaction. It asks the court to review the Sept. 17 approval and determine whether the state followed the requirements of New York law.
The case will now proceed through the Article 78 process as the proposed partnership continues through its remaining regulatory steps.
