Legal Opinion
North Shore University Hospital Center for Extended Care & Rehabilitation v. Commissioner of the New York State Department of Health
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1993PublishedCited by 6 opinions
1Opinion of the Court
*496OPINION OF THE COURT
Yesawich Jr., J.
Petitioner, a 250-bed nursing home located on the same Nassau County campus as its sponsor, North Shore University Hospital, began operations in April 1989. In establishing petitioner’s initial Medicaid reimbursement rate, respondents employed the methodology set out in 10 NYCRR former 86-2.15,1 whereby the direct cost component of the rate for a new facility is determined using the State-wide base direct case mix neutral (hereinafter CMN) cost per day, and the indirect cost component is based on the peer group base indirect price per day. Respondents…
2Cases cited5 opinions
- Matter of Catholic Med. Ctr. of Brooklyn & Queens, Inc. v. Dep't of Health of the State of New YorkNew York Court of Appeals · 1979
- Good Samaritan Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1989
- Wellsville Manor Nursing Home v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1988
- Highland Nursing Home, Inc. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1990
- Mary Imogene Bassett Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- Trustees of Masonic Hall & Asylum Fund v. Commissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1993
- City of Oneida v. ChassinAppellate Division of the Supreme Court of the State of New York · 1996
- Bronx-Lebanon Special Care Center, Inc. v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 2000
- Franklin Hospital Medical Center v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1994
- Bay Park Center for Nursing & Rehabilitation v. ShahAppellate Division of the Supreme Court of the State of New York · 2013
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