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STATE LAB. ASSN. v. KALADJIAN

194 A.D.2d 189 (1993)

In the Matter of New York State Clinical Laboratory Association, Inc., Respondent, v. Gregory Kaladjian, as Acting Commissioner of Social Services of The State of New York, Appellant

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

December 16, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Daniel Smirlock of counsel), for appellant.

Harter, Secrest & Emery, Rochester (Thomas G. Smith of counsel), for respondent.

WEISS, P. J., MERCURE, CARDONA and WHITE, JJ., concur.

MAHONEY, J.

At issue in this appeal is the validity of an October 17, 1991 amendment (eff Jan. 1, 1992) to 18 NYCRR 505.7 which changed the Medicaid payment methodology for certain diagnostic laboratory tests performed by independent laboratories. In general, laboratory tests can be ordered either singularly or in panels or profiles. The latter two, as their names suggest, involve various groupings of related...

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