Legal Opinion

Medicon Diagnostic Laboratories, Inc. v. Perales

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

Decided February 16, 1989PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Mahoney, P. J.

As a result of marked increases in Medicaid billing by medical laboratories, the State Department of Social Services began to investigate the billing practices of some 40 laboratories and instituted a partial withholding of payments to them, including one operated by petitioner. Following further investigation, including on-site audits, the Department determined that there was reliable information to believe that petitioner was engaged in fraud, willful misrepresentation, program abuse or unacceptable practice (18 NYCRR 518.7 [a]) and, in July 1988, notified…

2Cases cited10 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  4. Nicholas v. KahnNew York Court of Appeals · 1979
  5. MATTER OF BEACH v. ShanleyNew York Court of Appeals · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
  2. FYM Clinical Laboratory, Inc. v. PeralesAppellate Division of the Supreme Court of the State of New York · 1989
  3. Adams v. Donald E.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Spaziani v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 2003
  5. Hollis v. HollisAppellate Division of the Supreme Court of the State of New York · 1992

6 more not listed; retrieve them via the Exa API.

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