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MATTER OF CORNERSTONE OF MEDICAL ARTS CENTER HOSPITAL, INC. v. NOVELLO, M.D.

304 A.D.2d 445 (2003)

758 N.Y.S.2d 627

In the Matter of CORNERSTONE OF MEDICAL ARTS CENTER HOSPITAL, INC., Respondent, v. ANTONIA C. NOVELLO, M.D., as Commissioner of Health of the State of New York, Appellant.

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

Decided April 22, 2003.

Petitioner commenced this CPLR article 78 proceeding to challenge the Department of Health's (DOH) determination requiring restitution by petitioner of Medicaid overpayments made in connection with petitioner's billing for inpatient alcoholism services provided in excess of petitioner's certified bed capacity during calendar year 1996. Petitioner was certified to provide specified numbers of beds for alcoholism treatment and for substance abuse treatment, but Medicaid reimburses...

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