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MATTER OF NEVERETT v. NEW YORK STATE DEP'T OF HEALTH

89 A.D.2d 719 (1982)

In the Matter of Francis H. Neverett et al., Doing Business as Meadowbrook Nursing Home, Respondents, v. New York State Department of Health et al., Appellants, et al., Respondents

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

July 22, 1982

In 1977, petitioners, who operate a nursing home, determined that their facility needed to hire additional nursing staff, which would increase costs above the Medicaid reimbursement ceiling then in effect. They therefore requested respondent Department of Health (DOH) to conduct a "management assessment review", an on-site inspection of the facility to determine actual staffing needs. DOH completed that review in July, 1978 and found...

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