New York State Conference of Blue Cross & Blue Shield Plans v. Axelrod

OPINION OF THE COURT

Lawrence E. Kahn, J.

This proceeding has been commenced by the New York State Conference of Blue Cross and Blue Shield Plans (the Plans) challenging the authority of the Commissioner of Health of the State of New York (Commissioner) to require the Plans to reimburse hospitals for certain cost increases attributable to the care and treatment of Medicare patients. The increased costs specifically at issue arise from implementation of new hospital minimum operating requirements, recently enacted as 10 NYCRR part 405. These new regulations contain substantial amendments to the…