Legal Opinion
Nazareth Home of the Franciscan Sisters v. Novello
New York Court of Appeals
Decided October 24, 2006PublishedCited by 40 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Read, J.
Petitioners in this CPLR article 78 proceeding are 62 nursing homes operating in western New York, which are reimbursed by the State of New York under its Medical Assistance Plan (Medicaid) for medical services provided to the indigent. On this appeal, petitioners claim that the Medicaid reimbursement that they have received since 2004 is nowhere near their legitimate actual costs to care for Medicaid-eligible residents, and that this massive shortfall threatens their financial viability and potentially compromises the quality of care. They blame their plight on…
2Cases cited6 opinions
- 303 West 42nd Street Corp. v. KleinNew York Court of Appeals · 1979
- Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
- Blossom View Nusring Home v. NovelloNew York Court of Appeals · 2005
- Samaritan Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
- Bros. of Mercy Nursing & Rehabilitation Center v. CommissionerAppellate Division of the Supreme Court of the State of New York · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Signature Health Center, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2011
- County of St. Lawrence v. ShahAppellate Division of the Supreme Court of the State of New York · 2012
- Reconstruction Home and Health Care Center, Inc. v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
- Grand Manor Nursing Home Health Related Facility, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Wayne Ctr. for Nursing & Rehabilitation, LLC v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2021
35 more not listed; retrieve them via the Exa API.