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HOSP. ASSN. v. AXELROD

165 A.D.2d 152 (1991)

In the Matter of Hospital Association of New York State et al., Respondents, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants

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

February 14, 1991

Attorney(s) appearing for the Case

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

Segal, Sherrin & Glasel (Jeffrey J. Sherrin of counsel), for respondents.

MAHONEY, P. J., WEISS, CREW III and HARVEY, JJ., concur.

YESAWICH, JR., J.

Hospitals provide two forms of care: acute, which includes all medically necessary hospital services, and alternate level (hereinafter ALC), which involves furnishing posthospital extended care to patients no longer in need of acute care. ALC patients generally are those who remain in the hospital until alternative arrangements for extended care, such as placement in a nursing home, are made...

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