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IN THE MATTER OF WELLS NURSING HOME, INC. v. NOVELLO

55 A.D.3d 1202 (2008)

866 N.Y.S.2d 806

In the Matter of WELLS NURSING HOME, INC., Petitioner, v. ANTONIA NOVELLO, as Commissioner of Health, et al., Respondents.

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

October 30, 2008.

LAHTINEN, J.

Petitioner, a nursing home in Fulton County, challenges on several grounds a determination of respondent Commissioner of Health that it received a total of about $200,000 in overpayments of Medicaid reimbursements during the five years from the beginning of 1997 to the end of 2001. During the base year (1983) used for reimbursement calculation (see 10 NYCRR 86-2.10 [b] [1] [i]), petitioner reported ancillary service costs for laboratory services...

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