Defendant's argument that plaintiff has not exhausted her administrative remedies is unsupported by identification of any administrative remedies to exhaust. The hearing referred to in Public Health Law § 19 is afforded to physicians prior to being fined for Medicare overcharges, and is not an administrative remedy for overcharged patients. The Federal scheme set forth in 42 CFR 405.807 and 42 USC § 1395ff provides for an administrative remedy in instances where...
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