Daleview Nursing Home v. Axelrod
New York Court of Appeals
POINTS OF COUNSEL I. The retroactive readjustment undertaken by respondents unfairly punishes appellant for respondents’ errors and frustrates the cost containment theory of the prospective reimbursement system.
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POINTS OF COUNSEL I. The retroactive readjustment undertaken by respondents unfairly punishes appellant for respondents’ errors and frustrates the cost containment theory of the prospective reimbursement system. CMatter of Beekman-Downtown Hosp. v Whalen, 44 NY2d 124; Hurlbut v Whalen, 58 AD2d 311; Matter of Mayflower Nursing Home v Office of Health Systems Mgt., 59 NY2d 935; Matter of Sigety v Ingraham, 29 NY2d 110; Matter of Blue v Whalen, 57 AD2d 240; Matter of Kaye v Whalen, 56 AD2d 111, 44 NY2d 754, 439 US 922.) II. The facts at bar present a compelling case for invocation of an estoppel…
1Opinion of the Court
*32OPINION OF THE COURT
Meyer, J.
The overpayment of Medicaid reimbursement paid to a residential health care facility as a result of computer error in fixing the rate of reimbursement may be recovered by the State notwithstanding that the operator of the facility had no way of discovering the error and was not advised of it until seven months after State officials became aware of it. The order of the Appellate Division should, therefore, be affirmed, with costs.
The facts are not in dispute. Petitioner Daleview Nursing Home operates a combined nursing and health care facility in Farmingdale, Long…
2Cases cited17 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
- City of New York v. City Civil Service CommissionNew York Court of Appeals · 1983
- Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
- Schaubman v. BlumNew York Court of Appeals · 1980
12 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
- Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
- Pless v. Town of RoyaltonNew York Court of Appeals · 1993
- MTR SCHWARTFIGURE v. HartnettNew York Court of Appeals · 1994
- New York State Health Facilities Ass'n v. AxelrodNew York Court of Appeals · 1991
92 more not listed; retrieve them via the Exa API.