Brookdale Hospital Medical Center v. Axelrod

OPINION OF THE COURT

Kane, J.

Petitioner is a hospital which provides a service called psychiatric day night service (hereinafter PDN service). Pursuant to Public Health Law article 28, petitioner submitted a cost report for the 1983 rate year for its PDN service to respondent Commissioner of Health (hereinafter respondent) so that respondent could determine petitioner’s reimbursement rate for visits by Medicaid recipients. Respondent calculated petitioner’s reimbursement rate to be $132.24 per day using a cost-based, inflation-adjusted system pursuant to the Public Health Law. Pursuant to a…