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ASSN. FOR AGING v. PERALES

179 A.D.2d 296 (1992)

In the Matter of New York State Association of Homes and Services for the Aging, Inc., et al., Respondents-Appellants, v. Cesar Perales, as Commissioner of Social Services of The State of New York, et al., Appellants-Respondents

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

April 30, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Peter H. Schiff of counsel), for appellants-respondents.

Tobin & Dempf (David A. Ruffo of counsel), O'Connell & Aronowitz and Sherrin & Glasel for respondents-appellants.

MIKOLL, MERCURE and CREW III, JJ., concur.

WEISS, J. P.

Petitioners are State-wide associations whose members operate nursing homes. They have challenged an emergency promulgation implemented by regulation which reduced Medicaid rates for "bed holds" at the medical facilities operated by their members. By amendments to 18 NYCRR 360-7.10 and 505.9, the Department of Social Services reduced the established cost-based medical facility per diem Medicaid...

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