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MATTER OF KOHL v. BLUM

92 A.D.2d 498 (1983)

In the Matter of Mollie Kohl, by Her Son, Marvin Kohl, et al., Petitioners, v. Barbara Blum, as Commissioner of The New York State Department of Social Services, et al., Respondents. (Appeal No. 15221.) In the Matter of Ida Fulop, Petitioner, v. Barbara Blum, as Commissioner of The New York State Department of Social Services, et al., Respondents. (Appeal No. 15222.)

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

February 15, 1983

Petitioners are seeking to be reimbursed for payments they made to personal care attendants. In Appeal No. 15221, it is conceded that petitioners should not have been denied reimbursement from June 11, 1979, the date of submission of the physician's form, until July 19, 1979, the date from which reimbursement was made. Such a physician's report or order is essential to an application for medical assistance (18 NYCRR 505.14 [b] [2]); it cannot be waived even for an emergency...

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