MATTER OF NORTH GATE HEALTH CARE FACILITY, LLC v. ZUCKER

527612.

174 A.D.3d 1201 (2019)

104 N.Y.S.3d 785

2019 NY Slip Op 05742

In the Matter of North Gate Health Care Facility, LLC, et al., Appellants, v. Howard Zucker, as Commissioner of Health, et al., Respondents.

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

Decided July 18, 2019.


Petitioners operate nursing homes that participate in the Medicaid program. Under that program in New York, respondent Commissioner of Health reimburses nursing homes for care provided to eligible residents by setting per diem rates per patient that are prospective in nature and consider both capital and operating costs (see Matter...

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