MATTER OF PSYCHIATRIC SERVS. CTR., INC. v. BATES


52 N.Y.2d 788 (1980)

In the Matter of Psychiatric Services Center, Inc., Appellant, v. Charles W. Bates, as Westchester County Commissioner of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Evelyn K. Isaac and Marc E. Grossman for appellant.

Samuel S. Yasgur, County Attorney (Marsha Bacon Glover and Jonathan Lovett of counsel), for Westchester County Commissioner of Social Services, respondent.

Robert Abrams, Attorney-General (Robert A. Feuerstein, Shirley Adelson Siegel and George D. Zuckerman of counsel), for Acting New York State Commissioner of Social Services and others, respondents.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner seeks to obtain reimbursement for psychiatric clinic care administered to Medicaid patients. Under the applicable regulation (18 NYCRR 505.15 [b] [2] [ii]), such services are eligible for Medicaid payments or reimbursement only if they are provided in certain designated institutions: (1) municipal and voluntary hospitals supervised...

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