MATTER OF BLASE v. AXELROD


146 A.D.2d 867 (1989)

In the Matter of Michael A. Blase, Doing Business as University Heights Nursing Home, Petitioner, v. David W. Axelrod, as Commissioner of Health of The State of New York, Respondent

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

January 5, 1989


Mahoney, P. J.

Petitioner is a physician who operates the University Heights Nursing Home (hereinafter the Home), which is a 200-bed nursing home in Albany County. The Home's Medicaid reimbursement rates for 1983, 1984 and 1985 are based on its 1981 reported costs. A ceiling for these costs is established by the Department of Health, which averages the costs incurred by a peer group of facilities. Petitioner's costs were

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