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MATTER OF CABRINI MED. CTR. v. AXELROD

105 A.D.2d 569 (1984)

In the Matter of Cabrini Medical Center, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants

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

October 25, 1984

In July, 1974, petitioner established a new 96-bed health related facility (HRF) in New York City. Since it did not have adequate cost experience, respondent State Commissioner of Health established a 1974 prospective Medicaid reimbursement rate pursuant to former 10 NYCRR 86.19. This rate was not based upon cost, but rather based upon allowable projected costs contained in a budget submitted by petitioner prior to opening its facility.

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