Legal Opinion
Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health
New York Court of Appeals
Decided March 28, 1995PublishedCited by 85 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Petitioners are nursing homes and a representative organization of nursing homes, which participate in the State’s Medicaid reimbursement program. In separate CPLR article 78 proceedings, they challenged respondent Commissioner’s 1989 promulgation and application of a regulation (10 NYCRR 86-2.10 [c] [3] [l] [1]; and [d] [4] [ii] [a], collectively termed "the base price reduction regulation”) that reduced the base prices to help offset a portion of the increased reimbursement for nurses’ salaries. As a result, certain nursing homes, including the individual petitioners,…
3Cases cited8 opinions
- New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
- Bates v. ToiaNew York Court of Appeals · 1978
- Matter of Catholic Med. Ctr. of Brooklyn & Queens, Inc. v. Dep't of Health of the State of New YorkNew York Court of Appeals · 1979
- New York State Health Facilities Ass'n v. AxelrodNew York Court of Appeals · 1991
- Jewish Memorial Hospital v. WhalenNew York Court of Appeals · 1979
3 more not listed; retrieve them via the Exa API.
4Cited by85 opinions
- The Matter of Kevin B. Acevedo v. New York State Department of Motor Vehicles , The Matter of Michael W. Carney v. New York State Department of Motor Vehicles , The Matter of Caralyn A. Matsen v. New York State Department of Motor VehiclesNew York Court of Appeals · 2017
- Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
- A.C. Transportation, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999
- Big Apple Food Vendors' Ass'n v. Street Vendor Review PanelNew York Court of Appeals · 1997
- Law Enforcement Officers Union, District Council 82 v. StateAppellate Division of the Supreme Court of the State of New York · 1997
80 more not listed; retrieve them via the Exa API.