ULSTER HOME CARE v. VACCO


96 N.Y.2d 505 (2001)

757 N.E.2d 764

731 N.Y.S.2d 910

ULSTER HOME CARE, INC., et al., Respondents, v. DENNIS C. VACCO, as Attorney General of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 2001.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Elizabeth T. Bogren, Preeta D. Bansal, Daniel Smirlock, Robin A. Forshaw and Jacqueline E. Berkowitz of counsel), for appellant.

Tobin and Dempf, L. L. P., Albany (Raul A. Tabora, Jr., of counsel), for respondents.

Mark Thomas, Albany, for Healthcare Association of New York State, amicus curiae.

Whiteman Osterman & Hanna, Albany (Heather D. Diddel, Joel L. Hodes and Robert T. Schofield of counsel), for New York State Association of Health Care Providers, Inc., amicus curiae.

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), for Home Care Association of New York State, Inc., amicus curiae.

Chief Judge KAYE and Judges CIPARICK, WESLEY and ALTMAN concur; Judges LEVINE, ROSENBLATT and GRAFFEO taking no part.


OPINION OF THE COURT

SMITH, J.

Effective January 1, 1994, the New York State Department of Social Services (DSS) amended the Medicaid regulation setting reimbursement rates for providers of personal care services. The amended regulation states:

"(1) Medical assistance payments to personal care services providers for any rate year beginning on or after January 1, 1994, are made at the lower of the following rates: "(i) the rate the provider...

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