KONSTANTINOV v. DAINES

6076, 114152/07.

101 A.D.3d 520 (2012)

956 N.Y.S.2d 38

2012 NY Slip Op 8777

ANNA KONSTANTINOV, by Her Attorney-in-Fact, KAREN ROSS, Appellant-Respondent, v. RICHARD F. DAINES, M.D., Individually and in His Official Capacity as Commissioner, New York State Department of Health, et al., Respondents-Appellants.

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

December 20, 2012.


Supreme Court correctly found that the federal statute and implementing regulation governing hearings and decisions about Medicaid claims create a right to a final administrative determination within 90 days after a request for a hearing is made. 42 USC § 1396a (a) (3) mandates that a state plan for medical assistance "provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is...

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