MATTER OF EGER HEALTH CARE CTR., INC. v. McBARNETTE


195 A.D.2d 730 (1993)

600 N.Y.S.2d 172

In the Matter of Eger Health Care Center, Inc., Appellant, v. Lorna S. McBarnette, as Executive Deputy Commissioner of Health Serving As Acting Commissioner of Health, et al., Respondents

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

July 8, 1993


Crew III, J.

Petitioner is a residential health care facility located in Staten Island and a participant in the Medicaid program. On or about November 1, 1990, petitioner received notification of its 1991 Medicaid reimbursement rate from the Department of Health (hereinafter DOH). In calculating petitioner's 1991 reimbursement rate, DOH offset petitioner's 1989 capital interest expense with petitioner's 1983 investment income.1

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