Legal Opinion

New York State Psychiatric Ass'n v. New York State Department of Health

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

Decided March 16, 2010PublishedCited by 3 opinions

1Opinion of the Court

In a hybrid action, inter alia, for a judgment declaring that those portions of sections 53 and 54 of part C of the New York State 2008 budget bill (L 2008, ch 58, part C, §§ 53, 54, adding L 2006, ch 109, part C, § 2 [e]) which provide that licensed psychiatrists are not entitled to be paid the full Medicare Part B coinsurance amount for services rendered between April 1, 2007, and April 11, 2008, to certain individuals who are eligible for both Medicaid and Medicare benefits and/or for claims processed between April 1, 2007, and April 11, 2008, are unconstitutional, and, in effect,…

2Cases cited12 opinions

  1. Selkirk v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  2. City of New York v. Village of LawrenceNew York Court of Appeals · 1929
  3. Roosevelt Raceway, Inc. v. MonaghanNew York Court of Appeals · 1961
  4. Westchester County Department of Social Services v. Robert W.R.Appellate Division of the Supreme Court of the State of New York · 2005
  5. DeCintio v. CohalanAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by3 opinions

  1. New York State Psychiatric Ass'n v. New York State Department of HealthNew York Court of Appeals · 2012
  2. Citadel Estates, LLC v. New York City Housing AuthorityNew York Supreme Court · 2013
  3. Union of American Physicians v. BrownCalifornia Court of Appeal · 2011

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