MATTER OF FIELDSTON LODGE NURSING HOME v. DEBUONO


261 A.D.2d 543 (1999)

690 N.Y.S.2d 606

In the Matter of FIELDSTON LODGE NURSING HOME, Petitioner, v. BARBARA A. DEBUONO, as Commissioner of the New York State Department of Health, et al., Respondents.

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

Decided May 17, 1999.


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Where a fair hearing is not requested within 60 days after receipt of the notice of discontinuance of Medicaid benefits, the Commissioner is effectively deprived of jurisdiction to review any challenge to the discontinuance (see, Matter of Glengariff Health Care Ctr. v Glass, 231 A.D.2d 717

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