SEITTELMAN v. SABOL


91 N.Y.2d 618 (1998)

697 N.E.2d 154

674 N.Y.S.2d 253

Estelle Seittelman, as Administratrix of The Estate of Ida Zichlinsky, Deceased, et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, and Leah Silverman et al., Intervenors-Respondents, v. Barbara J. Sabol, as Administrator of the New York City Human Resources Administration, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 2, 1998.


Attorney(s) appearing for the Case

Jeffrey D. Friedlander, Acting Corporation Counsel of New York City (Cheryl Payer and Stephen J. McGrath of counsel), for Barbara J. Sabol, appellant.

Dennis C. Vacco, Attorney-General, New York City (John W. McConnell, Barbara G. Billet, Peter H. Schiff, Robert A. Forte and Kathleen P. Murray of counsel), for Mary Jo Bane, appellant.

Scott A. Rosenberg, New York City, Helaine Barnett, Kathleen Kelleher, Yisroel Schulman and Constance Carden for respondents and intervenors-respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.


SMITH, J.

The primary issue presented by this appeal is whether defendants by regulation may limit Medicaid reimbursement for expenses incurred by eligible individuals during the three-month period preceding the application for Medicaid to only those services rendered by Medicaid-enrolled providers. We hold that such a State regulatory limitation is unsupported by the language or policy of the Federal statute...

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