Legal Opinion

Cortlandt Nursing Care Center v. Whalen

New York Court of Appeals

Decided March 22, 1979PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

In this CPLR article 78 proceeding, respondent Cortlandt Nursing Care Center challenges the validity of Medicaid reimbursement rate ceilings established by appellant State Commissioner of Health for respondent’s medical facility.

Pursuant to the Public Health Law (§ 2807, subd 3), the commissioner is empowered to establish reimbursement rates "reasonably related to the costs of providing”1 health-related services. To effectuate this legislative directive, the commissioner promulgated regulations for the computation of rate ceilings (see 10 NYCRR Part 86),2 one of…

2Cases cited1 opinion

  1. In re Sigety v. IngrahamNew York Court of Appeals · 1971

3Cited by26 opinions

  1. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003
  2. Marzec v. DeBuonoNew York Court of Appeals · 2000
  3. Jennings v. CommissionerAppellate Division of the Supreme Court of the State of New York · 2010
  4. City of Syracuse v. Utica Mutual InsuranceNew York Court of Appeals · 1984
  5. Grace Plaza of Great Neck v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986

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