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MATTER OF ST. JAMES NURSING HOME v. DEBUONO

12 A.D.3d 921 (2004)

784 N.Y.S.2d 712

In the Matter of ST. JAMES NURSING HOME et al., Respondents-Appellants, v. BARBARA ANN DEBUONO et al., Appellants-Respondents. (And Five Other Related Proceedings.)

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

November 18, 2004.

Rose, J.

These proceedings stem from earlier litigation in which numerous nursing homes located in New York successfully asserted that certain adjustments to the state's Medicaid reimbursement rates made by a 1987 State Plan Amendment (hereinafter the 1987 Adjustment) were invalid for failure to comply with the Boren Amendment (42 USC former § 1396a [a] [13] [A]). As then existing, the Boren Amendment afforded health care providers certain substantive and procedural...

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