Plaintiff Health and Hospitals Corporation provides health care services to Medicaid patients pursuant to title XIX of the Social Security Act (42 USC § 1396 et seq.). Defendant Department of Health is responsible for the administration of this program in New York. The reimbursement method applicable to patients who require an intensive but not acute level of care, so-called Alternate Level of Care ("ALC") patients, was changed from a per diem basis to a per case...
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