Legal Opinion

New York State Health Facilities Ass'n v. Axelrod

New York Court of Appeals

Decided February 19, 1991PublishedCited by 41 opinions

1Opinion of the Court

*344OPINION OF THE COURT

Hancock, Jr., J.

In 1988, the Public Health Council, pursuant to the State Administrative Procedure Act, adopted a set of regulations (Medicaid Patient Access Regulations) which require new applicants seeking nursing home approval to agree that the home admit "a reasonable percentage of Medicaid patients”. This admission standard is defined as 75% of the rate of Medicaid nursing home admissions in the county where the home is located; the standard is subject to change for a number of enumerated, or other, factors. In this litigation, the lower courts have declared the…

2Cases cited12 opinions

  1. City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
  2. Boreali v. AxelrodNew York Court of Appeals · 1987
  3. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  4. In re Sigety v. IngrahamNew York Court of Appeals · 1971
  5. City of New York v. State of New York Commission on Cable TelevisionNew York Court of Appeals · 1979

7 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
  3. Bourquin v. CuomoNew York Court of Appeals · 1995
  4. Mercy Hospital v. New York State Department of Social ServicesNew York Court of Appeals · 1992
  5. New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health & Mental HygieneNew York Court of Appeals · 2014

36 more not listed; retrieve them via the Exa API.

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