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NEW YORK STATE DEPT. OF SOCIAL SERVICES v. BOWEN

No. 468, Docket 87-6200.

846 F.2d 129 (1988)

The NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES and Cesar Perales, as Commissioner of the New York State Department of Social Services, Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 28, 1988.

Attorney(s) appearing for the Case

Laurel Weinstein Eisner, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., of the State of N.Y., Mary Fisher Bernet, Asst. Atty. Gen., of counsel), for plaintiffs-appellants.

Paul K. Milmed, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Nancy Kilson, Asst. U.S. Atty., David Engel, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, of counsel), for defendant-appellee.

Before OAKES, NEWMAN, and MINER, Circuit Judges.

OAKES, Circuit Judge:

The New York State Department of Social Services (NYSDSS or "the Department") seeks to obtain the right to appeal decisions of the United States Department of Health and Human Services (HHS) that deny Medicare benefits to nursing home patients whose health care, as a result of the denials, is paid for by NYSDSS with Medicaid funds. A Medicare beneficiary or the provider of health care can take an administrative appeal, with judicial review, from...

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