NY UNIV MED. CTR. v. AXELROD


188 A.D.2d 207 (1993)

In the Matter of New York University Medical Center, a Division of New York University, et al., Respondents-Appellants, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants-Respondents, et al., Respondent

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

February 25, 1993


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Clifford A. Royael and Peter G. Crary of counsel), for David Axelrod, appellant-respondent.

Garfunkel, Wild & Travis, P. C., Great Neck (Fredrick I. Miller and Kevin J.F. Fitzgerald of counsel), for New York University Medical Center and others, respondents-appellants.

Hinman, Straub, Pigors & Manning, P. C., Albany (Bartley J. Costello, III, Eileen M. Considine and Beverly Cohen of counsel), for New York State Conference of Blue Cross and Blue Shield Plans, appellant-respondent.

Proskauer, Rose, Goetz & Mendelsohn, New York City (Edward S. Kornreich, Charles S. Sims and Marina O. Lowy of counsel), for Beth Israel Medical Center and others, appellants-respondents.

Couch, White, Brenner, Howard & Feigenbaum, Albany (Harold N. Iselin and Christopher F. Hansen of counsel), for New York State Health Maintenance Organization Conference, appellant-respondent.

MIKOLL, J. P., YESAWICH JR., CREW III and CASEY, JJ., concur.


MERCURE, J.

In 1988 the Legislature enacted Public Health Law § 2807-c (L 1988, ch 2, § 11),1 which substantially altered the scheme for State and third-party reimbursement to general hospitals for non-Medicare patient care. The prior methodology reimbursed hospitals based upon a per diem rate for each day of care provided without...

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