Frances Schervier Home & Hospital Inc. v. Axelrod

Appeal from a judgment of the Supreme Court (Cobb, J.), entered September 4, 1990 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Health regarding petitioner’s 1983, 1984 and 1985 Medicaid reimbursement rates.

On May 13, 1982 petitioner filed its 1981 residential health care facility cost report with the Department of Health (hereinafter DOH). The cost report, prepared pursuant to the Residential Health Care Facility Uniform Reporting System, served as the basis for computing petitioner’s…