CLOVE LAKES NURSING HOME v. WHALEN


45 N.Y.2d 873 (1978)

Clove Lakes Nursing Home et al., Appellants, v. Robert P. Whalen, as Commissioner of the New York State Department of Health, Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1978.


Attorney(s) appearing for the Case

Paul K. Rooney and Elliot L. Evans for appellants.

Louis J. Lefkowitz, Attorney-General (W. Alexander Melbardis and Ruth Kessler Toch of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

At issue in this declaratory judgment action is whether the State Commissioner of Health may, without first holding an evidentiary hearing, retroactively reduce reimbursement rates and recoup alleged overpayments to nursing homes receiving Medicaid reimbursement. Special Term held invalid such recoupment without a prior departmental hearing, but the Appellate Division reversed, holding a prerecoupment hearing...

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