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MATTER OF MASSAND v. HAMMONS

240 A.D.2d 276 (1997)

662 N.Y.S.2d 754

In the Matter of Gordon Massand, Respondent, v. Marva L. Hammons, as Administrator of New York City Human Resources Administration, et al., Appellants

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

June 17, 1997

For the same reason we invalidated that part of 18 NYCRR 360-7.5 (a) (5) which limited Medicaid reimbursement during the three-month, pre-application retroactive period to services furnished by Medicaid-enrolled providers, namely, that authorization for such a limitation could not be found in the applicable Federal statutes and regulations, and even if there were authorization, the limitation was unreasonable since prospective recipients would have no way of knowing of its...

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