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SEITTELMAN v. SABOL

217 A.D.2d 523 (1995)

630 N.Y.S.2d 296

Estelle Seittelman, as Administratrix of The Estate of Ida Zichlinsky, Deceased, et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, and Leah Silverman et al., Intervenors-Respondents, v. Barbara J. Sabol, as Administrator of The New York City Human Resources Administration, et al., Appellants

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

July 27, 1995

We agree with the IAS Court that the challenged Regulation is irrational and inconsistent with Federal law to the extent that it limits reimbursement for medical services provided during the retroactive period commencing three months prior to application up until the date of application to services rendered by Medicaid-enrolled providers.

In limiting reimbursement to expenses paid only to Medicaid-enrolled providers, the...

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