Briody v. Whalen

This is an article 78 proceeding brought by the petitioners for a judgment to declare illegal respondents’ attempt to retroactively reduce petitioners’ Medicaid reimbursement rates, and permanently enjoin respondents from taking such action without a due process hearing.

Petitioners are the operators of a nursing home facility located in Lockport, New York, licensed by the State of New York pursuant to article 28 of the Public Health Law. The facility is reimbursed by the State of New York for certain expenses incurred in accepting Medicaid patients under the Federal Medicaid program pursuant…