Legal Opinion

Koch v. Sheehan

New York Court of Appeals

Decided October 22, 2013PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

We hold that the Office of the Medicaid Inspector General (OMIG or the agency) is authorized to remove a physician from New York’s medical assistance (Medicaid) program in reliance solely on a consent order between the physician and the Board for Professional Medical Conduct (BPMC), regardless of whether BPMC chooses to suspend the physician’s license or OMIG conducts an independent investigation (see 18 NYCRR 515.7 [e]). OMIG has a responsibility to insure that scarce Medicaid dollars are spent on quality medical care for Medicaid recipients, who are often unable…

2Cases cited2 opinions

  1. Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
  2. KOCH, D.O., ERIC J. v. SHEEHAN, JAMES G.Appellate Division of the Supreme Court of the State of New York · 2012

3Cited by18 opinions

  1. Matter of LeadingAge N.Y., Inc. v. ShahNew York Court of Appeals · 2018
  2. Matter of Leadingage N.Y., Inc. v. ShahAppellate Division of the Supreme Court of the State of New York · 2017
  3. Nearpass v. Seneca County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2017
  4. LeadingAge New York, Inc. v. ShahNew York Supreme Court · 2015
  5. Andries v. CoxAppellate Division of the Supreme Court of the State of New York · 2014

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