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ARNOT-OGDEN HOSP v. AXELROD

131 Misc.2d 779 (1986)

Arnot-Ogden Memorial Hospital, Plaintiff, v. David B. Axelrod, as Commissioner of Health of the State of New York, Defendant.

Supreme Court, Chemung County.

April 17, 1986

Attorney(s) appearing for the Case

Sayles, Evans, Brayton, Palmer & Tifft (Edward B. Hoffman and Elise M. Balcom of counsel), for plaintiff. Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for defendant.

D. BRUCE CREW, III, J.

In this action, plaintiff, a New York not-for-profit corporation which operates a voluntary nonprofit hospital, challenges the constitutionality of Public Health Law § 2807-a (9) (as added by L 1985, ch 807, eff Jan. 1, 1986). In general terms this subdivision makes provision for the creation of a Statewide bad debt and charity care pool funded by an assessment upon the actual Medicare...

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