Legal Opinion

Opn. No.

New York Attorney General Reports

Decided May 23, 1978Published

1Opinion of the Court

Hon. Robert P. Whalen Commissioner Department of Health

This is in response to a letter from Jerome T. Levy, Esq., Counsel to the Department of Health, wherein my opinion is requested as to whether the Hospital Review and Planning Council has the authority to promulgate regulations for the establishment of the schedule of rates that hospitals may charge their patients. The letter cites as authority for such position sections 2803 (2) (b) and 2807 of the Public Health Law.

Public Health Law, § 2803 (2) (b) provides as follows:

"2. The council, by a majority vote of its members, shall adopt and…

2Cases cited4 opinions

  1. Lawrence Constr. Corp. v. State of New YorkNew York Court of Appeals · 1944
  2. Allen v. MinskoffNew York Court of Appeals · 1976
  3. People v. Woman's Christian Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
  4. People v. KadarkoAppellate Division of the Supreme Court of the State of New York · 2008

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