MATTER OF HUDSON VALLEY NURSING CTR. v. AXELROD


130 A.D.2d 862 (1987)

In the Matter of Hudson Valley Nursing Center, Respondent, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Appellants

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

May 14, 1987


Yesawich, Jr., J.

Petitioner, a participant in the Medicaid program, is a provider of residential health care services for the elderly; it is owned and operated by Stanley and Judith Dicker. The Department of Health is charged with determining petitioner's Medicaid reimbursement rates pursuant to Public Health Law § 2807. Rates are computed on the basis of actual costs incurred in the base year, which is prior to the reimbursement year. These costs...

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