Medicare&medicaid Gu 39,257 Tekkno Laboratories, Inc. v. Cesar A. Perales, Commissioner of the Department of Social Services of the State of New York

I concur in the result.

I do believe it should be noted, in connection with the lack of findings in the earlier injunctive order of November 8, 1990, as amended on November 14, 1990, that this was only the latest in a series of cases before the same judge brought by providers of Medicaid services involving the same defendant, the same underlying set of facts and the same issue — whether payment of claims approved subject to audit may be withheld for up to six months pursuant to the state agency’s authority to review and verify payments, without prior hearing or notification to the provider.…