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MATTER OF AVON NURSING HOME v. AXELROD

195 A.D.2d 1046 (1993)

601 N.Y.S.2d 725

In the Matter of Avon Nursing Home et al., Respondents, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants. (Appeal No. 1.)

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

July 16, 1993

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Respondents (collectively, the State) submitted a plan amendment (87-7) to the Federal Health Care Financing Administration (HCFA) proposing a change in the methodology for calculating the Medicaid reimbursement rate for certain service providers. Specifically, the State plan amendment provided for an average 10% positive or negative corridor adjustment...

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