Legal Opinion

Wellsville Manor Nursing Home v. Axelrod

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1988PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Mikoll, J.

Petitioner began operating a residential health care facility in Allegany County in early 1983. As a participant in the Medical Assistance Program (hereinafter Medicaid), petitioner is reimbursed by the State pursuant to Public Health Law article 28, which requires a prospective rather than retrospective determination of reimbursement rates. A participant must be notified of its approved rate of reimbursement 60 days before it is effective (Public Health Law § 2807 [7] [a]). The reimbursement rate is generally based upon cost reports submitted by a participant…

2Cases cited5 opinions

  1. Jones v. BermanNew York Court of Appeals · 1975
  2. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  3. Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
  4. Westledge Nursing Home v. AxelrodNew York Court of Appeals · 1986
  5. Anthony L. Jordan Health Corp. v. AxelrodNew York Court of Appeals · 1986

3Cited by11 opinions

  1. Jewish Home & Infirmary of Rochester, New York, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1994
  2. New York State Ass'n of Counties v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1989
  3. New York State Ass'n v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1993
  4. North Shore University Hospital Center for Extended Care & Rehabilitation v. Commissioner of the New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1993
  5. Beechwood Sanitarium v. PeralesAppellate Division of the Supreme Court of the State of New York · 1990

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