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PORTNICK v. WHALEN

65 A.D.2d 827 (1978)

Alan Portnick et al., Doing Business as Ingersoll Nursing Home, et al., Respondents, v. Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Appellants

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

November 2, 1978

Plaintiffs are operators of four different nursing homes licensed by the State of New York pursuant to article 28 of the Public Health Law. The facilities are reimbursed by the State for certain expenses incurred in accepting Medicaid patients. The Department of Health audits the nursing homes periodically. Defendants audited plaintiffs' nursing homes and found varying amounts to have been overpaid to each one. Plaintiffs protested the findings of the audits. The Rate Review...

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