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MATTER OF SENIOR CARE SERVICES, INC. v. NEW YORK STATE DEPARTMENT OF HEALTH

46 A.D.3d 962 (2007)

847 N.Y.S.2d 264

In the Matter of SENIOR CARE SERVICES, 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 December 6, 2007.

Mugglin, J.

Petitioner is a provider of incontinence products whose principal place of business is in Colorado. In January 2004, petitioner's application to become a provider of durable medical equipment (hereinafter DME) for the New York State Medicaid program was denied by the Office of Medicaid Management's Bureau of Enrollment (hereinafter OMM) of respondent Department of Health because there were no "unmet needs for mail order durable medical supplies" that petitioner...

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