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MATTER OF PARKER JEWISH GERIATRIC INST. v. McBARNETTE

204 A.D.2d 726 (1994)

612 N.Y.S.2d 632

In the Matter of Parker Jewish Geriatric Institute, Appellant, v. Lorna McBarnette, as Executive Deputy Commissioner of The Department of Health of the State of New York, et al., Respondents

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

May 31, 1994

Ordered that the judgment is affirmed, with costs.

The petitioner Parker Jewish Geriatric Institute (hereinafter Parker), is a 527-bed nursing home which also operates a long-term home health-care program (hereinafter LTHHCP) located in Queens. Parker's costs for rate years 1988, 1989, and 1990 exceeded the cost guidelines described in 10 NYCRR 86-5.12. As permitted by 10 NYCRR 86-5.12 (d), Parker sought authorization from...

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