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HEALTH FACILITIES v. AXELROD

143 Misc.2d 870 (1989)

In the Matter of New York State Health Facilities Association, Inc., Petitioner, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Respondents.

Supreme Court, Albany County.

June 6, 1989

Attorney(s) appearing for the Case

O'Connell & Aronowitz (Cornelius D. Murray of counsel), and Bernard Schwartz for petitioner. Robert Abrams, Attorney-General (Victor Paladino of counsel), for respondents.

HAROLD J. HUGHES, J.

This proceeding presents two legal issues: (1) in the absence of specific legislative authorization, can the Public Health Council require nursing home operators to accept a specific quota of Medicaid patients as a condition to obtaining approval to operate a residential health care facility; (2) can regulations which require a nursing home to discriminate against patients not sponsored...

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