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PORT JEFFERSON HEALTH CARE FACILITY v. WING

253 A.D.2d 548 (1998)

677 N.Y.S.2d 178

Port Jefferson Health Care Facility et al., Respondents, v. Brian Wing, as Acting Commissioner of Social Services of The State of New York, et al., Appellants

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

August 31, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

In 1990, in response to a Medicaid program deficit, the Legislature enacted Public Health Law § 2807-d, which imposed an assessment on residential health care facilities (hereinafter RHCFs), requiring them to pay a percentage (fixed at 0.6%) of gross receipts from all patient care services and operating income for a 15-month period (Public Health Law § 2807-d [1] [a]; L 1990, ch 938...

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