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NEW YORK STATE ASS'N OF COUNTIES v. AXELROD

213 A.D.2d 18 (1995)

629 N.Y.S.2d 335

New York State Association of Counties, Respondent, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Appellants

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

July 13, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Victor Paladino and Peter G. Crary of counsel), for appellants.

Cadwalader, Wickersham & Taft, New York City (Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony of counsel), for respondent.

CARDONA, P. J., MERCURE, PETERS and SPAIN, JJ., concur.

WHITE, J.

This contempt application has its origins in the adoption by the State Department of Health (hereinafter DOH) of a new method for Medicaid reimbursement to nursing homes called the "Long Term Care Case Mix Reimbursement System".1 After a few months of experience with this system, DOH concluded that a downward adjustment of the rates was necessary to account for their purported...

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