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MT. LORETTO HOME v. PERALES

169 A.D.2d 47 (1991)

In the Matter of Mount Loretto Nursing Home, Inc., Formerly Known as Mount Loretto Convalescent and Rest Home, Respondent, v. Cesar Perales, as Commissioner of Social Services of The State of New York, et al., Appellants

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

June 20, 1991

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Peter G. Crary of counsel), for appellants.

O'Connell & Aronowitz (Cornelius D. Murray of counsel), for respondent.

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

CREW III, J.

Petitioner is a not-for-profit residential health-care facility located in Montgomery County and is a participant in the Medicaid program. The Department of Health (hereinafter DOH) is responsible for determining the methodology to be used in setting Medicaid reimbursement rates for such a facility (Public Health Law § 2807). The rate of reimbursement for a given year is determined by ascertaining...

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