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ST. JOSEPH'S HOSP. v. DOH

247 A.D.2d 136 (1998)

677 N.Y.S.2d 194

St. Joseph's Hospital Health Center, et al., Respondents, v. Department of Health of State of New York et al., Appellants, and Beth Israel Medical Center et al., Intervenors-Appellants. (Appeal No. 1.)

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

July 8, 1998

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Peter Crary and Victor Paladino of counsel), for Department of Health of State of New York, appellants.

Whiteman, Osterman & Hanna, Albany (John J. Henry, Jr., of counsel), for Beth Israel Medical Center and others, intervenors-appellants.

Costello, Cooney & Fearon, L. L. P., Syracuse (Frances Ciardullo of counsel), for St. Joseph's Hospital Health Center and others, respondents.

Rosenman & Colin, L. L. P., New York City (Joseph V. Willey of counsel), for New York City Health and Hospitals Corporation, respondent.

Nixon, Hargrave, Devans & Doyle, L. L. P., Garden City (Thomas D'Antonio of counsel), for remaining respondents.

DENMAN, P. J., LAWTON, WISNER and BOEHM, JJ., concur.

BALIO, J.

Plaintiffs in these two appeals consist of 39 general hospitals in locations throughout the State of New York who seek a judgment declaring that a portion of the regulation promulgated by respondent Department of Health of the State of New York (DOH) regarding Medicaid hospital reimbursement for bad debts and the costs of charity care (BDCC) (10 NYCRR 86-1.11 [g] [7]; [p] [7]) is unconstitutional and...

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