MATTER OF CESTARI v. NEW YORK STATE DEPARTMENT OF HEALTH


271 A.D.2d 250 (2000)

707 N.Y.S.2d 397

In the Matter of ROBERT CESTARI, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH, Respondent.

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

Decided April 6, 2000.


Substantial evidence supports respondent's findings that petitioner failed to maintain records documenting, inter alia, that services billed were actually performed. Respondent satisfied its obligation under 18 NYCRR 519.17 (a) to produce a witness to present the audit file by calling the registered nurse who conducted the audit and who was qualified to testify as to the billing and record keeping requirements that petitioner was charged with violating. To the extent...

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