Adjudged that the petition is granted to the extent that the penalty imposed pursuant to 10 NYCRR 415.4 (b) (1) (ii) (b) is annulled, on the law, without costs or disbursements, the determination is otherwise confirmed, and the proceeding is otherwise dismissed on the merits; and it is further,
Adjudged that the respondents improperly retroactively applied the provisions of 10 NYCRR 415.4 (b) (1) (ii) (b) and 42 CFR 483.13 (c) (1) (ii) (B) to the petitioner.
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