MATTER OF SHORE WINDS, LLC v. ZUCKER

528679.

179 A.D.3d 1208 (2020)

117 N.Y.S.3d 316

2020 NY Slip Op 00026

In the Matter of the Shore Winds, 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 January 2, 2020.


Petitioners are the owners and operators of residential health care facilities that are licensed by the Department of Health. Respondent Commissioner of Health reimburses such facilities for services provided to Medicaid recipients by setting per diem rates per patient that are prospective in nature and based on capital and operating...

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