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HIGHLAND HOME v. AXELROD

164 A.D.2d 83 (1990)

In the Matter of Highland Nursing Home, Inc. , et al., Appellants, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents. (Proceeding No. 1.) In the Matter of Nathan Miller Center for Nursing Care, Inc., et al., Appellants, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents. (Proceeding No. 2.)

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

November 1, 1990

Attorney(s) appearing for the Case

Fink Weinberger, P. C. (Stephen E. Powers, Stanley H. Lowell and Paul R. McMenamin of counsel), for appellants in proceeding No. 1.

Kronish, Lieb, Weiner & Hellman (Jerome T. Levy of counsel), for appellants in proceeding No. 2.

Robert Abrams, Attorney-General (Clifford A. Royael and Nancy A. Spiegel of counsel), for respondents.

KANE, J. P., MIKOLL, YESAWICH, JR., and MERCURE, JJ., concur.

WEISS, J.

In 1986 the State's Medicaid program converted to a new methodology to compute nursing home reimbursement rates based in part upon the severity of the patient's medical condition and the degree of care required by the patient's condition, and in part on cost corridors consisting of acceptable ranges of costs based upon State and regional averages. The methodology conversion was to be financially neutral...

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