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MATTER OF LUTHERAN MEDICAL CENTER v. DAINES

65 A.D.3d 551 (2009)

884 N.Y.S.2d 122

In the Matter of LUTHERAN MEDICAL CENTER, Appellant, v. RICHARD F. DAINES et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 4, 2009.

Ordered that the order and judgment dated April 28, 2008, is affirmed insofar as appealed from, with costs.

In 1997 the petitioner, Lutheran Medical Center, opened an inpatient psychiatric unit. Generally, the per diem, per patient, reimbursement rate that such units receive for treating Medicaid patients is determined by the New York State Department of Health (hereinafter the DOH) on a prospective basis based on a formula...

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