Buffalo Columbus Hospital v. Axelrod
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lowery, J.
The question raised by this appeal is whether respondents’ interpretation and application of Public Health Law § 2807-c (11) (a) was unlawful, arbitrary, capricious and an abuse of discretion. Supreme Court granted the CPLR article 78 petition, concluding that respondents had acted illegally in retroactively readjusting the Medicaid rate for alternate level care straddle patients and in recouping the alleged overpayments from petitioner. Respondents appeal.
Petitioner Buffalo Columbus Hospital provides medically necessary hospital services (acute care), as well as…
2Cases cited11 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Mtr. Lezette v. Bd. of Educ., HudsonNew York Court of Appeals · 1974
- Pajak v. PajakNew York Court of Appeals · 1982
- Bullock v. . CooleyNew York Court of Appeals · 1919
- Eaton v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1982
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3Cited by9 opinions
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- James v. LubinAppellate Division of the Supreme Court of the State of New York · 1993
- People v. Doe, New York County Courts1996
- Harper v. Lumbermen's Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1991
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