Legal Opinion

DMN Management Services, LLC v. Daines

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 2010PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Garry, J.

Petitioners, limited liability companies who own and operate several residential health care facilities, participate in the Medicaid program (see 42 USC § 1396 et seq.; Social Services Law § 363 et seq.) and are prospectively reimbursed by the Department of Health for property and capital costs based on cost reports submitted by the facilities for a prior base period (see Public Health Law § 2808 [2-b] [f]; 10 NYCRR 86-2.10 [b] [1] [i]; [g]). Between 1999 and 2005, petitioners’ predecessor in interest filed a series of “negative” rate appeals (see 10 NYCRR…

2Cases cited10 opinions

  1. Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
  2. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  3. Westledge Nursing Home v. AxelrodNew York Court of Appeals · 1986
  4. Blossom View Nusring Home v. NovelloNew York Court of Appeals · 2005
  5. In re the Claim of SotoAppellate Division of the Supreme Court of the State of New York · 1970

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3Cited by2 opinions

  1. Matter of Leadingage N.Y., Inc. v. ShahAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Clearview Ctr., Inc. v. New York State Off. of The Medicaid Inspector Gen.Appellate Division of the Supreme Court of the State of New York · 2019

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