CONCERNED HOME v. STATE OF NY

603243/09, 9421A.

108 A.D.3d 151 (2013)

969 N.Y.S.2d 210

2013 NY Slip Op 5026

In the Matter of CONCERNED HOME CARE PROVIDERS, INC., et al., Appellants, v. STATE OF NEW YORK et al., Respondents.

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

Decided July 3, 2013.


Attorney(s) appearing for the Case

Nixon Peabody, LLP, Albany ( Philip Rosenberg of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Jeffrey W. Lang of counsel), for respondents.

O'Connell & Aronowitz, Albany ( Jeffrey J. Sherrin of counsel), for New York Association of Health Care Providers, Inc., amicus curiae.

Nixon Peabody, LLP, Albany ( Peter J. Millock of counsel), for Home Care Association of New York State, Inc., amicus curiae.

Levy Ratner, PC, New York City ( David M. Slutsky of counsel), for Juana Fuentes and others, amici curiae.

ROSE, J.P., SPAIN and EGAN JR., JJ., concur.


OPINION OF THE COURT

McCARTHY, J.

As part of its effort to improve the quality of care for New Yorkers who receive home health care services, the Legislature enacted Public Health Law § 3614-c in 2011. Commonly known as the Wage Parity Law, the statute conditions Medicaid reimbursement for home health care services provided in New York City and the surrounding counties of Westchester, Suffolk and Nassau upon...

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