Legal Opinion
Avenue Nursing Home & Rehabilitation Centre v. Shah
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2013Published
1Opinion of the CourtGarry, J.
Cross appeals from two judgments of the Supreme Court (McGrath, J.), entered June 19, 2012 in Albany County, which, among other things, partially granted petitioners’ applications, in two proceedings pursuant to CPLR article 78, to annul determinations of the Department of Health adjusting petitioners’ Medicaid reimbursement rates.
Pursuant to Public Health Law article 28, residential health care facilities, also known as nursing homes, are reimbursed through the Medicaid program for the costs incurred per patient, per day with respect to their Medicaid-eligible patients (see 10 NYCRR 86-2.10…
2Cases cited7 opinions
- Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
- County of St. Lawrence v. DainesAppellate Division of the Supreme Court of the State of New York · 2011
- Signature Health Center, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2011
- Kennedy v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
- Reconstruction Home and Health Care Center, Inc. v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
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