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VISITING NURSE v. HEALTH DEPT

5 N.Y.3d 499 (2005)

840 N.E.2d 577

806 N.Y.S.2d 465

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

Court of Appeals of the State of New York.

Decided November 17, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Victor Paladino, Caitlin J. Halligan, Daniel Smirlock and Andrea Oser of counsel), for appellants.

Manatt, Phelps & Phillips, LLP, Albany (James W. Lytle of counsel), for respondent.

Phillips Lytle LLP, Buffalo (Lisa McDougall and William P. Keefer of counsel), for Mercy Hospital of Buffalo and others, amici curiae.

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), for Home Care Association of New York State, Inc., amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

The issue in this case is whether a home health care provider is entitled to notice and an opportunity to be heard before the State acts to recover Medicaid payments it claims were improperly paid to the provider. Based on regulations promulgated by the New York State Department of Health, we agree with the courts below that a hearing must be held regarding recoupment of the Medicaid funds in dispute.

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