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HEALTH FACILITIES v. AXELROD

77 N.Y.2d 340 (1991)

In the Matter of New York State Health Facilities Association, Inc., Respondent, v. David Axelrod, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 19, 1991.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Daniel Smirlock, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants.

Cornelius D. Murray, David M. Cherubin and Bernard Schwartz for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA concur with Judge HANCOCK, JR.; Judge TITONE dissents and votes to affirm in a separate opinion.

HANCOCK, JR., J.

In 1988, the Public Health Council, pursuant to the State Administrative Procedure Act, adopted a set of regulations (Medicaid Patient Access Regulations) which require new applicants seeking nursing home approval to agree that the home admit "a reasonable percentage of Medicaid patients". This admission standard is defined as 75% of the rate of Medicaid nursing home admissions in the county...

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