SIGNATURE HEALTH v. NEW YORK

511817.

92 A.D.3d 11 (2011)

935 N.Y.S.2d 357

2011 NY Slip Op 9058

SIGNATURE HEALTH CENTER, LLC, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 15, 2011.


Attorney(s) appearing for the Case

Baker, Sanders, Barshay, Grossman, Fass & Muhlstock, Garden City ( Craig B. Sanders of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino of counsel), for respondent.

LAHTINEN, STEIN, McCARTHY and GARRY, JJ., concur.


OPINION OF THE COURT

PETERS, J.P.

In 1999, claimant was approved by the Department of Health (hereinafter DOH) to operate as a licensed diagnostic and treatment center and thereafter provided services to Medicaid recipients under defendant's Medicaid program. As a newly approved provider without cost experience, claimant initially received a "budgeted" rate of reimbursement per threshold patient visit based on its projected costs. Pursuant to DOH regulations...

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