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MATTER OF VISITING NURSE SERVICE v. NEW YORK STATE DEPARTMENT OF HEALTH

13 A.D.3d 745 (2004)

786 N.Y.S.2d 623

In the Matter of VISITING NURSE SERVICE OF NEW YORK HOME CARE, Respondent, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Appellants.

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

December 9, 2004.

Kane, J.

Petitioner, a not-for-profit certified home health agency providing professional medical care to patients in New York City and the surrounding areas, is licensed and regulated by respondent Department of Health (hereinafter DOH). Petitioner is a participating provider in New York's Medicaid program, which is administered by DOH (see Social Services Law § 363-a; Public Health Law § 201 [1] [v]). Approximately one in six of petitioner's patients...

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