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UNITED CEREBRAL PALSY ASSOCIATIONS v. CUOMO

No. 91-CV-1438.

783 F.Supp. 43 (1992)

UNITED CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., Plaintiff, v. Mario CUOMO, as Governor of the State of New York, Cesar A. Perales, Commissioner, New York State Department of Social Services, Dall Forsythe, Director, New York State Division of Budget, Elin Howe, Commissioner of New York State Office of Mental Retardation and Developmental Disabilities, Lorna M. Barnette, Commissioner of New York State Department of Health, Defendants.

United States District Court, N.D. New York.

February 3, 1992.

Attorney(s) appearing for the Case

Steven H. Mosenson, Associations of New York State, Inc. (Glenn M. Rickles, of counsel), New York City, for United Cerebral Palsy.

Proskauer, Rose, Goetz & Mendelson (Edward S. Kornreich, of counsel), New York City, for proposed intervenor/plaintiff St. Luke's-Roosevelt Hosp. Center.

Robert Abrams, Atty. Gen., Dept. of Law (Judith I. Ratner, of counsel), Albany, N.Y., for defendants.

MEMORANDUM DECISION AND ORDER

CHOLAKIS, District Judge.

This action involves the initiation, by the New York State Department of Social Services ("DSS"), of a "lag" in the reimbursement of Medicaid funds to certain health care providers. Under this "lag," each payment by the State to the providers will be delayed by one day until the payments are ultimately received by the provider two weeks later than had been the practice prior to the implementation of...

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