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HOME CARE ASSN. v. DOWLING

218 A.D.2d 126 (1996)

638 N.Y.S.2d 193

In the Matter of Home Care Association of New York State, Inc., Respondent, v. Michael J. Dowling, as Commissioner of Social Services of the State of New York, Appellant

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

February 22, 1996

Attorney(s) appearing for the Case

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

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), for respondent.

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

WHITE, J.

To fulfill its obligation under the Medicaid program to provide home health care services (see, 42 USC § 1396d [a] [7]), New York utilizes certified home health agencies (hereinafter CHHA), home care providers that are licensed and regulated by the State (see, Public Health Law § 3602 [3]; § 3614 [1]). In 1991, the Legislature enacted Social Services Law § 367-j to...

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