St. Joseph's Hospital Health Center v. Department of Health

—Order unanimously reversed on the law and in the exercise of discretion without costs and motion granted in accordance with the following Memorandum: Plaintiff hospitals commenced this action seeking a declaration that maintenance of effort (MOE) regulations (10 NYCRR 86-1.11 [g] [7]; [p] [7]) are invalid, null and void. Those regulations were promulgated by the Commissioner of Health for the determination and reallocation of bad debt and charity cost (BDCC) funds to hospitals as part of the State’s medicaid reimbursement scheme. Additionally, plaintiffs seek a declaration that defendants’…