Legal Opinion
Elcor Health Services, Inc. v. Novello
New York Court of Appeals
Decided June 26, 2003PublishedCited by 61 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The primary question presented by this appeal is whether deference should be afforded to the Department of Health’s interpretation of 10 NYCRR 86-2.30 (i) (27) to require “actual improvement” by a patient before a residential health care facility can receive reimbursement for restorative therapy. We conclude that the Department’s interpretation is not arbitrary and capricious, or irrational, and is therefore entitled to deference.
When a patient is admitted to a residential health care facility (RHCF) or nursing home, his or her physician is required to prepare…
2Cases cited6 opinions
- New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
- In re Sigety v. IngrahamNew York Court of Appeals · 1971
- Jewish Home & Infirmary of Rochester, New York, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1994
- Marzec v. DeBuonoNew York Court of Appeals · 2000
- Cortlandt Nursing Care Center v. WhalenNew York Court of Appeals · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Ig Second Generation v. DhcrNew York Court of Appeals · 2008
- Jennings v. CommissionerAppellate Division of the Supreme Court of the State of New York · 2010
- Blossom View Nusring Home v. NovelloNew York Court of Appeals · 2005
- Cubas v. MartinezNew York Court of Appeals · 2007
- Rogers v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
56 more not listed; retrieve them via the Exa API.