VIA HEALTH HOME CARE, INC. v. NEW YORK STATE DEPARTMENT OF HEALTH


33 A.D.3d 1100 (2006)

823 N.Y.S.2d 243

VIA HEALTH HOME CARE, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

Decided October 19, 2006.


Mercure, J.

Plaintiff, a certified home health agency, commenced this action seeking to enjoin recoupment by defendant Department of Health (hereinafter defendant) of Medicaid funds paid to plaintiff for services rendered to "dual eligibles," those persons eligible for both Medicaid and Medicare. Defendant evidently contracted with the Center for Medicare Advocacy (hereinafter CMA) to conduct a postpayment review of Medicaid claims for services provided to dual eligibles...

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