Legal Opinion

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

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1998No. Appeal No. 1PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Balio, J.

Plaintiffs in these two appeals consist of 39 general hospitals in locations throughout the State of New York who seek a judgment declaring that a portion of the regulation promulgated by respondent Department of Health of the State of New York (DOH) regarding Medicaid hospital reimbursement for bad debts and the costs of charity care (BDCC) (10 NYCRR 86-1.11 [g] [7]; [p] [7]) is unconstitutional and contrary to the enabling statutes (Public Health Law § 2807-a [8] [e]; § 2808-c [4] [e]) and that DOH’s implementation of that regulation is arbitrary and capricious…

2Cases cited26 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. Pajak v. PajakNew York Court of Appeals · 1982
  3. Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
  4. Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
  5. Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997

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

3Cited by12 opinions

  1. Reconstruction Home and Health Care Center, Inc. v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
  2. Cedar Manor Nursing Home v. NovelloAppellate Division of the Supreme Court of the State of New York · 2009
  3. Thornton v. New York City Board/Department of EducationAppellate Division of the Supreme Court of the State of New York · 2015
  4. Brothers of Mercy Nursing & Rehabilitation Center v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 2002
  5. Beth Israel Medical Center v. Department of HealthAppellate Division of the Supreme Court of the State of New York · 2005

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

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