EFS Medical Supplies, Inc. v. Dowling

OPINION OF THE COURT

Tom, J.

This consolidated appeal arises from the State’s refusal to pay Medicare cost-sharing claims to certain health care providers in connection with treatment of Medicare-eligible patients who, under former law, had also been eligible for Medicaid coverage of copayments and other amounts not covered by Medicare. After a 1987 New York regulation terminating the State’s obligations for Medicare cost-sharing claims, discussed infra, was invalidated in 1992 by the Second Circuit, the State respondent paid medical providers for such claims for periods postdating the…