ST. JAMES NURSING v. AXELROD


135 A.D.2d 26 (1988)

In the Matter of St. James Nursing Home, Appellant, v. David Axelrod, as Commissioner of The Department of Health of the State of New York, Respondent

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

January 21, 1988


Attorney(s) appearing for the Case

Irving A. Cohn, P. C. (Irving A. Cohn and Allan D. Goldstein of counsel), for appellant.

Robert Abrams, Attorney-General (Kathleen Liston Morrison and Peter H. Schiff of counsel), for respondent.

CASEY, YESAWICH, JR., and LEVINE, JJ., concur.


KANE, J. P.

Petitioner, a residential health care facility, participates in the Medicaid program whereby it receives reimbursement through a combination of Federal and State funds for the care it renders to its covered patients. The State Department of Health is responsible for determining Medicaid reimbursement rates for facilities such as petitioner's. To determine petitioner's reimbursement rate for the period...

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