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CONCOURSE REHABILITATION & NURSING CENTER, INC. v. NOVELLO

4074, 20201/03.

80 A.D.3d 507 (2011)

915 N.Y.S.2d 252

CONCOURSE REHABILITATION & NURSING CENTER, INC., Appellant-Respondent, v. ANTONIA C. NOVELLO, M.D., Individually and as Commissioner of the New York State Department of Health, et al., Respondents-Appellants.

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

Decided January 20, 2011.

Public Health Law § 2807-d requires hospitals and residential health care facilities such as plaintiff to pay to defendant Department of Health (DOH) assessments (taxes) on their gross receipts from all patient care services and other operating income. Assessments on Medicaid receipts (but not non-Medicaid receipts) are reimbursable as a cost of care (see Port Jefferson Health Care Facility v Wing, 94 N.Y.2d 284, 287-288...

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