Legal Opinion
Visiting Nurse Service of New York Home Care v. New York State Department of Health
New York Court of Appeals
Decided November 17, 2005PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
The issue in this case is whether a home health care provider is entitled to notice and an opportunity to be heard before the State acts to recover Medicaid payments it claims were improperly paid to the provider. Based on regulations promulgated by the New York State Department of Health, we agree with the courts below that a hearing must be held regarding recoupment of the Medicaid funds in dispute.
Medicare and Medicaid are two primary sources of payment for home health care services rendered by providers such as petitioner Visiting Nurse Service of New York…
2Cases cited5 opinions
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
- Clove Lakes Nursing Home v. WhalenNew York Court of Appeals · 1978
- 427 West 51st Street Owners Corp. v. Division of Housing & Community RenewalNew York Court of Appeals · 2004
- Gold v. United Health Services Hospitals, Inc.New York Court of Appeals · 2001
3Cited by41 opinions
- the Matter of County of Chemung, St. Lawrence, Chautauqua, Jefferson, Oneida, Genesee, Cayuga, Monroe v. Nirav R. ShahNew York Court of Appeals · 2016
- East Acupuncture, P.C. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- 61 West 62 Owners Corp. v. CGM EMP LLCNew York Court of Appeals · 2011
- Miriam Osborn Memorial Home Ass'n v. Assessor of City of RyeAppellate Division of the Supreme Court of the State of New York · 2010
- Seenaraine v. Securitas Security Services USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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