MATTER OF SPECTRA LABORATORIES, INC. v. NOVELLO, M.D. M.P.H.


40 A.D.3d 236 (2007)

834 N.Y.S.2d 179

In the Matter of SPECTRA LABORATORIES, INC., Appellant, v. ANTONIA C. NOVELLO, M.D., M.P.H., Individually and as Commissioner of Health of the State of New York, et al., Respondents.

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

Decided May 1, 2007.


Petitioner operates clinical laboratories which provide testing services for medical providers, including dialysis facilities that treat end-stage renal disease. There is no dispute that under DOH's regulations, a Medicaid-approved dialysis facility is reimbursed at one "all-inclusive" rate covering all allowable costs, including laboratory services, and that, in the usual situation, a laboratory providing services to a dialysis clinic is paid directly by the clinic. However...

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