Legal Opinion

Consumer Directed Choices, Inc. v. New York State Office of Medicaid Inspector General

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

Decided December 15, 2011Published

1Opinion of the CourtStein, J.

Petitioner, a not-for-profit corporation, is a provider for the Consumer Directed Personal Assistance Program handling, among other things, payroll for persons with chronic illnesses or physical disabilities — the consumer. Petitioner also acts as a fiscal intermediary between the consumer and the Medicaid program. Petitioner’s revenues are derived from Medicaid payments in connection with the Consumer Directed Personal Assistance Program, which are based upon rates set by the Department of Health (hereinafter DOH). Respondent is an agency within DOH, charged with “detecting and combating…

2Cases cited3 opinions

  1. Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
  2. Cedar Manor Nursing Home v. NovelloAppellate Division of the Supreme Court of the State of New York · 2009
  3. Kasin v. NovellaAppellate Division of the Supreme Court of the State of New York · 2003

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