Legal Opinion
Bros. of Mercy Nursing & Rehabilitation Center v. Commissioner
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1993PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Crew III, J.
Petitioner is a residential health care facility located in the *52Town of Clarence, Erie County, and a participant in the Medicaid program; petitioner’s Medicaid reimbursement rates are determined by the Department of Health (hereinafter DOH). In 1986, DOH instituted a new reimbursement methodology which determines a facility’s per patient, per diem Medicaid rate based upon four cost components: direct, indirect, noncomparable and capital (see, 10 NYCRR 86-2.10 [b] [1] [ii]). The direct, indirect and noncomparable components comprise the facility’s operating…
2Cases cited3 opinions
- New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
- Matter of Catholic Med. Ctr. of Brooklyn & Queens, Inc. v. Dep't of Health of the State of New YorkNew York Court of Appeals · 1979
- Rye Psychiatric Hospital Center, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
- Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1993
- Brothers of Mercy Nursing & Rehabilitation Center v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 2002
- Eger Health Care Center, Inc. v. McBarnetteAppellate Division of the Supreme Court of the State of New York · 1993
- Westmount Health Facility v. BaneAppellate Division of the Supreme Court of the State of New York · 1994