Legal Opinion

Highbridge-Woodycrest Center, Inc. v. Novello

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

Decided April 8, 2003PublishedCited by 3 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, Bronx County (Kenneth Thompson, J.), entered October 15, 2002, which denied and dismissed the petition to annul respondents’ determination to recalculate petitioner’s Medicaid reimbursement rate and recoup prior overpayments, unanimously affirmed, without costs.

Because the Medicaid overpayments to petitioner were the result of a computational error, and not an error in judgment, respondents’ retroactive determination to recoup the overpaid funds was not arbitrary and capricious or otherwise unlawful (see Matter of Westledge Nursing Home v…

2Cases cited2 opinions

  1. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  2. Westledge Nursing Home v. AxelrodNew York Court of Appeals · 1986

3Cited by3 opinions

  1. Jarrett v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
  2. Lutheran Medical Center v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
  3. DMN Management Services, LLC v. DainesAppellate Division of the Supreme Court of the State of New York · 2010

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