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WELLSVILLE MANOR v. AXELROD

142 A.D.2d 225 (1988)

In the Matter of Wellsville Manor Nursing Home, Appellant, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

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

December 1, 1988

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Thomas F. Gleason and Cornelius D. Murray of counsel), for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael, Wayne L. Benjamin and Alan W. Rubenstein of counsel), for respondents.

CASEY, J. P., WEISS, YESAWICH, JR., and LEVINE, JJ., concur.

MIKOLL, J.

Petitioner began operating a residential health care facility in Allegany County in early 1983. As a participant in the Medical Assistance Program (hereinafter Medicaid), petitioner is reimbursed by the State pursuant to Public Health Law article 28, which requires a prospective rather than retrospective determination of reimbursement rates. A participant must be notified of its approved rate of reimbursement...

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