Legal Opinion

Bilow v. Daines

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 2010Published

1Opinion of the CourtMercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Department of Health which required petitioner to reimburse Medicaid for certain overpayments.

As a participant in a Medicaid-funded program known as the Prenatal Care and Assistance Program (hereinafter PCAP), Jefferson County Public Health Service (hereinafter the County) entered into a 1990 contract with respondent that obligated it to administer and coordinate PCAP services provided by local obstetricians and other prenatal service…

2Cases cited5 opinions

  1. New York State Medical Transporters Ass'n v. PeralesNew York Court of Appeals · 1990
  2. Oxenhorn v. Fleet Trust Co.New York Court of Appeals · 1999
  3. Clin Path, Inc. v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1993
  4. GMR Living Centers, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  5. Sunset Nursing Home v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 2005

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