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JEWISH MEM. HOSP. v. WHALEN

47 N.Y.2d 331 (1979)

In the Matter of Jewish Memorial Hospital et al., Appellants, v. Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 7, 1979.

Attorney(s) appearing for the Case

Franklin S. Bonem, Robert M. Kaufman, Bruce E. Fader and Frederick K. Mehlman for appellants.

Robert Abrams, Attorney-General (George C. Mantzoros and Shirley Adelson Siegel of counsel), for Robert P. Whalen and another, respondents.

Donald B. da Parma for Blue Cross Plans, respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JONES.

JONES, J.

The regulations governing the formulas and rates of reimbursement by Blue Cross for hospital care and services adopted by the Commissioner of Health on May 28, 1976 (and the individual reimbursement rates thereafter promulgated thereunder) were validly made applicable to all care and services rendered after January 1, 1976. Additionally no warrant has been shown to set aside in particular the specific...

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