Legal Opinion

Rye Psychiatric Hospital Center, Inc. v. State

New York Court of Claims

Decided November 13, 1989No. Motion No. M-40656PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Edwin Margolis, J.

This is a motion brought pursuant to section 10 (6) of the Court of Claims Act for permission to file an untimely claim. The proposed claim alleges that for the years 1985, 1986, 1987 and 1988 the Office of Mental Health (OMH) wrongfully incorporated a minimum occupancy factor into its computation of the Medicaid reimbursement rate for claimant. Claimant estimates that the adverse impact of the rate calculation over the four years in question has been in excess of $500,000.

Inclusion of the minimum occupancy factor1 into the calculation for fixing Medicaid…

2Cases cited17 opinions

  1. Miller v. . SchlossNew York Court of Appeals · 1916
  2. Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972
  3. Parsa v. State of New YorkNew York Court of Appeals · 1984
  4. Schaffer v. EvansNew York Court of Appeals · 1982
  5. Guaranty Trust Co. v. State of New YorkNew York Court of Appeals · 1949

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3Cited by3 opinions

  1. Brewer v. StateNew York Court of Claims · 1998
  2. Ferrer v. StateNew York Court of Claims · 1996
  3. Ouziel v. StateNew York Court of Claims · 1997

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