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MATTER OF FIRST TO CARE HOME CARE, INC. v. NOVELLO, M.D.

34 A.D.3d 362 (2006)

825 N.Y.S.2d 198

In the Matter of FIRST TO CARE HOME CARE, INC., Petitioner, v. ANTONIA NOVELLO, M.D., as Commissioner of the New York State Department of Health, Respondent.

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

Decided November 28, 2006.

Respondent disallowed certain of petitioner's billings for the provision of personal care and housekeeping services for residents in an adult home on the grounds that the billings constituted an unacceptable practice in that the services provided supplanted or duplicated personal services that the adult home was statutorily obligated to provide and for which it had been reimbursed with the residents' Supplemental Security Income (18 NYCRR 515.2 [b] [1] [i] [c]; [b...

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