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MATTER OF ELCOR HEALTH SERVICES, INC. v. NOVELLO

295 A.D.2d 772 (2002)

744 N.Y.S.2d 71

In the Matter of ELCOR HEALTH SERVICES, INC., Respondent, v. ANTONIA NOVELLO, as Commissioner of Health of the State of New York, et al., Appellants.

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

Decided June 20, 2002.

Rose, J.

Petitioner, a residential health care facility operating in Chemung County, commenced this proceeding seeking, inter alia, annulment of respondents' determination adjusting its case mix index based on misclassifications revealed in an audit of patient review instrument data conducted by the Department of Health (hereinafter Department) and recalculating petitioner's Medicaid reimbursement rate for the period beginning April 1, 1999.1

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