The brief of the State respondents acknowledges that respondent Department of Health rejected the July 1997 claims as untimely on the basis of an erroneous retroactive application of an amended version of 18 NYCRR 540.6 (a) (3) (i), and proposes a remand in order to allow these claims to be resubmitted by petitioner within a reasonable period of time, not to exceed 30 days from the date of this Court's order, and further reviewed by the Department of Health without reference...
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