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MATTER OF CITY OF ONEIDA v. CHASSIN

229 A.D.2d 855 (1996)

645 N.Y.S.2d 912

In the Matter of City of Oneida, as Operator of Oneida City Hospitals, Appellant, v. Mark Chassin, as 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, Third Department.

July 25, 1996

Casey, J.

Petitioner owns and operates an acute care facility and nursing home in the City of Oneida, Madison County. The nursing home, located over a mile from the hospital, was always considered a "hospital based facility" for the purposes of Medicaid and Medicare reimbursement. In August 1989, petitioner submitted a certificate of need application to the Department of Health (hereinafter DOH) in order to construct a replacement facility immediately...

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