MATTER OF ASTOR GARDENS HEALTH CARE CENTER, INC. v. NOVELLO


304 A.D.2d 961 (2003)

758 N.Y.S.2d 428

In the Matter of ASTOR GARDENS HEALTH CARE CENTER, INC., Appellant, v. ANTONIA NOVELLO, as Commissioner of Health of the State of New York, Respondent.

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

Decided April 10, 2003.


Kane, J.

Petitioner, while operating a nursing home, received Medicaid payments through the Department of Health (hereinafter DOH). Pursuant to regulations, DOH began auditing petitioner's semiannual patient review instruments (hereinafter PRIs) for September 1994, to verify petitioner's Medicaid reimbursement rates. In February 1996, petitioner sold its nursing home to Gold Crest Care Center, Inc. The purchase agreement provided that petitioner would be liable to...

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