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NY. STATE ASSN v. NY. STATE DOH.

No. 39.

19 N.Y.3d 17 (2012)

2012 NY Slip Op 2339

NEW YORK STATE PSYCHIATRIC ASSOCIATION, INC., et al., Respondents, v. NEW YORK STATE DEPARTMENT OF HEALTH, Appellant.

Court of Appeals of New York.

Decided March 29, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Simon Heller , Barbara D. Underwood and Richard Dearing of counsel), for appellant.

Moritt Hock & Hamroff LLP, Garden City ( Robert L. Schonfeld , Seth P. Stein and Robert M. Tils of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to consider whether the 2006 amendment to the Social Services Law found in a budget bill implementing a coinsurance enhancement for the benefit of psychiatrists who treat patients eligible for both Medicare and Medicaid was intended to be permanent or whether the amendment was intended only to provide a limited one-year enhancement. We conclude that...

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