MATTER OF A.R.E.B.A. CASRIEL, INC. v. MILLER


282 A.D.2d 203 (2001)

722 N.Y.S.2d 377

In the Matter of A.R.E.B.A. CASRIEL, INC., Appellant, v. JEAN S. MILLER, as Commissioner of Alcoholism and Substance Abuse Services, et al., Respondents.

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

Decided April 3, 2001.


The IAS court properly held that respondents' determination prospectively to change the method used to calculate the executive compensation component of petitioner's Medicaid reimbursement rate was rational and, accordingly, not arbitrary and capricious. The change in the method of rate calculation was deemed necessary by respondents to avoid the windfall that would have inured to petitioner by reason of its decision to award its...

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