MATTER OF CATTARAUGUS COUNTY NURSING HOME v. AXELROD


107 A.D.2d 950 (1985)

In the Matter of Cattaraugus County Nursing Home, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants. (Proceeding No. 1.) In the Matter of Cattaraugus County Home and Infirmary, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants. (Proceeding No. 2.)

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

January 24, 1985


Both petitioners are residential health care facilities which receive Medicaid reimbursement at a rate determined by the Commissioner of Health according to the provisions of sections 2807 and 2808 of the Public Health Law. Audits by the Department of Health indicated the possibility that petitioners had been overpaid and that adjustments were required to recover the excess Medicaid reimbursements. Following a bureau review requested...

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