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MED. SOCY. v. SOC SERVS.

148 A.D.2d 144 (1989)

In the Matter of Medical Society of the State of New York et al., Appellants, v. New York State Department of Social Services et al., Respondents

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

July 13, 1989

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae (Jay G. Safer of counsel), for appellants.

Robert Abrams, Attorney-General (Kathleen Liston Morrison of counsel), for respondents.

Seth P. Stein, P. C., for New York State Psychiatric Association, Inc., amicus curiae.

MAHONEY, P. J., WEISS, LEVINE and HARVEY, JJ., concur.

CASEY, J.

Petitioners challenge an amendment to the rule which establishes the method whereby Medicaid reimbursement is determined for out-patient medical services provided to "crossover patients" who are covered by both Medicare and Medicaid (18 NYCRR 360.10). The amendment was suggested as a cost-saving measure by the United States Department of Health and Human...

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