NYACK NURSING HOME v. DOWLING


230 A.D.2d 42 (1997)

656 N.Y.S.2d 440

In the Matter of Nyack Nursing Home, Appellant, v. Michael Dowling, as Commissioner of Social Services of The State of New York, Respondent

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

April 10, 1997


Attorney(s) appearing for the Case

Seligson, Rothman & Rothman, New York City (Martin S. Rothman of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Lisa LeCours of counsel), for respondent.

CASEY, PETERS, SPAIN and CARPINELLO, JJ., concur.


WHITE, J. P.

Petitioner operates a residential health care facility and participates in the Federal/State Medicaid program (42 USC § 1396 et seq.). Under this program, residential health care facilities receive reimbursement for the services they provide to eligible patients in accordance with rates that are established on the basis of certain allowable costs (10 NYCRR 86-2.9 [a]). Sometime prior...

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