Legal Opinion

Arnot-Ogden Memorial Hospital v. Axelrod

New York Supreme Court

Decided April 17, 1986PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

D. Bruce Crew, III, J.

In this action, plaintiff, a New York not-for-profit corporation which operates a voluntary nonprofit hospital, challenges the constitutionality of Public Health Law § 2807-a (9) (as added by L 1985, ch 807, eff Jan. 1, 1986). In general terms this subdivision makes provision for the creation of a Statewide bad debt and charity care pool funded by an assessment upon the actual Medicare revenues which are realized by the hospitals in the State. The plaintiff maintains the law is unconstitutional on three grounds. First, plaintiff maintains that the law…

2Cases cited16 opinions

  1. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  5. Jones v. Rath Packing Co.Supreme Court of the United States · 1977

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3Cited by2 opinions

  1. Arnot-Ogden Memorial Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1987
  2. Duncan Medical Services v. State ex rel. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1994

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