MATTER OF TRS. OF THE MASONIC HALL & ASYLUM FUND v. COMM'R OF THE NEW YORK STATE DEP'T OF HEALTH


197 A.D.2d 806 (1993)

603 N.Y.S.2d 780

In the Matter of Trustees of the Masonic Hall and Asylum Fund, Respondent, v. Commissioner of the New York State Department of Health et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 28, 1993


Casey, J.

Respondents contend that Supreme Court erred in holding that 10 NYCRR 86-2.31 (a), promulgated in December 1991, could not be applied to petitioner's Medicaid reimbursement rates for the period 1989 through 1991. We reject this contention in light of recent case law from this Court which holds that application of the regulation to facilities' 1989 through 1991 rates constitutes impermissible retroactive ratemaking (see, Matter of New...

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