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MATTER OF RECONSTRUCTION HOME AND HEALTH CARE CENTER, INC. v. DAINES

65 A.D.3d 786 (2009)

883 N.Y.S.2d 815

In the Matter of RECONSTRUCTION HOME AND HEALTH CARE CENTER, INC., Appellant, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents.

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

Decided August 13, 2009.

McCarthy, J.

Petitioner, the owner and operator of a Tompkins County nursing home, commenced this proceeding to challenge its Medicaid reimbursement rates for the period January 1, 2006 through August 31, 2007. The proceeding stems from the Congressional enactment of Medicare Part D, a program which provides for federal subsidization of prescription drug costs for eligible individuals (see Medicare Prescription Drug Improvement and Modernization Act of 2003...

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