Mobile Diagnostic Testing Services, Inc. v. New York State Department of Social Services

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition seeking reimbursement of Medicare Part B cost-sharing amounts from Medicaid for services rendered by petitioner under the Medicare “buy-in” program. Petitioner is a Medicare provider of portable X-ray and diagnostic services. By letters of enrollment dated February 18, 1997 and May 5, 1997, petitioner was approved as a Medicaid provider with respect to “category of service 0140” only. That special category of service permits petitioner, as a Medicare…