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NYCHHC v. BANE

208 A.D.2d 97 (1995)

New York City Health and Hospitals Corporation et al., Respondents, v. Mary Jo Bane, as Commissioner of Social Services of The State of New York, Appellant Medical Society of the State of New York et al., Respondents, v. Mary Jo Bane, as Commissioner of Social Services of The State of New York, Appellant

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

January 17, 1995

Attorney(s) appearing for the Case

Judy E. Nathan of counsel (Dennis C. Vacco, Attorney-General, attorney), for appellant.

Peter F. Nadel of counsel (David A. Florman with him on the brief; Rosenman & Colin, attorneys), for New York City Health and Hospitals Corporation and others, respondents.

Jay G. Safer of counsel (Rhonda Edwards with him on the brief; LeBoeuf, Lamb, Greene & MacRae, attorneys), for Medical Society of the State of New York and others, respondents.

SULLIVAN, J. P., WALLACH, KUPFERMAN and TOM, JJ., concur.

ASCH, J.

Medicare is divided into two components, Part A and Part B. While Part A pays 100% of reasonable hospital expenses, Part B provides supplemental insurance benefits for out-of-hospital and other medical and health services. Enrollees in the program pay an annual deductible and a coinsurance fee of 20% for each service rendered under Part B.

Congress, recognizing that there were Medicare-eligible...

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