Sharp v. DeBuono

Judgment unanimously reversed on the law without costs *795and petition granted. Memorandum: Petitioner contends that Supreme Court erred in dismissing her petition seeking to annul the determination of the Erie County Department of Social Services (DSS) denying authorization for expenses for transportation to providers of medical services covered by Medicaid. We agree that one of petitioner’s contentions has merit. We reject her contention, however, that the Medicaid plans at issue violate 42 CFR 431.53 by setting forth financial criteria to be considered in determining whether to grant prior…