Arnot-Ogden Memorial Hospital v. Axelrod

OPINION OF THE COURT

Levine, J.

Defendant appeals from plaintiffs successful challenge at Special Term (131 Misc 2d 779) to the constitutionality of Public Health Law § 2807-a (former [9]) (as added by L 1985, ch 807, § 4, eff Jan. 1, 1986, repealed by L 1986, ch 272, § 1, eff July 8, 1986). That legislation provided, inter alia, for the imposition of an assessment of 4.5% on revenues for in-patient services to Medicare patients received by voluntary nonprofit hospitals, such as plaintiff, and by private proprietary hospitals. The moneys thus collected provide a pool of funding for…