MATTER OF BRONX-LEBANON SPECIAL CARE CENTER, INC. v. DEBUONO


269 A.D.2d 195 (2000)

704 N.Y.S.2d 20

In the Matter of BRONX-LEBANON SPECIAL CARE CENTER, INC., Appellant, v. BARBARA A. DEBUONO, as Commissioner of Health of State of New York, et al., Respondents.

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

Decided February 10, 2000.


Petitioner's argument that respondents should be estopped from applying a discrete cost-based rate determination to petitioner's nursing facility and that respondent's determination to apply such a rate structure was arbitrary and capricious are without merit. Although petitioner contends that its Medicaid reimbursement must be rationally related to the blended rate reimbursement projection used as the basis for its construction/establishment approval, which was based on...

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