MATTER OF WHITE PLAINS NURSING HOME v. WHALEN


53 A.D.2d 926 (1976)

In the Matter of White Plains Nursing Home, Respondent, v. Robert P. Whalen, as Commissioner of Health, et al., Appellants

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

July 1, 1976


The present controversy arises from a determination by the appellants to lower the petitioner's Medicaid reimbursement rate. The determination was based upon a finding that a contract between petitioner and Cambridge Care Center to provide nursing care for petitioner was not an arm's length transaction. Significantly, included in the lowered 1975 rates was an adjustment to recoup overpayments found for the years 1972 through 1974. As a preliminary matter, we note that this...

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