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MATTER OF PITMAN v. DAINES

6215, 260240/09

90 A.D.3d 421 (2011)

933 N.Y.S.2d 554

2011 NY Slip Op 8681

In the Matter of GERALD H. PITMAN, as Executor of MARVIN PITMAN, Deceased, Petitioner, v. RICHARD F. DAINES, M.D., as Commissioner of the New York State Department of Health, et al., Respondents.

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

Decided December 1, 2011.

Respondents' determination that private 24-hour nursing care may have provided the deceased with "optimal care" but was not "essential" care that was "medically necessary" for purposes of Medicaid reimbursement is based on substantial evidence. The agency's determination is entitled to deference because it involves the agency's interpretation of its own regulations and the legislation under which it functions (Matter of Schlossberg...

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