Legal Opinion

Jewish Memorial Hospital v. Whalen

New York Court of Appeals

Decided June 7, 1979PublishedCited by 40 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

The regulations governing the formulas and rates of reimbursement by Blue Cross for hospital care and services adopted by the Commissioner of Health on May 28, 1976 (and the individual reimbursement rates thereafter promulgated thereunder) were validly made applicable to all care and services rendered after January 1, 1976. Additionally no warrant has been shown to set aside in particular the specific regulation that imposed a limit on the individual hospital’s base-year expenses (used for computing reimbursement rate) of 100% of the average base-year expenses of…

2Cases cited4 opinions

  1. Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
  2. Sullivan County Harness Racing Ass'n v. GlasserNew York Court of Appeals · 1972
  3. Hawley v. CuomoNew York Court of Appeals · 1979
  4. Hospital Ass'n of New York State, Inc. v. ToiaDistrict Court, S.D. New York · 1979

3Cited by40 opinions

  1. Solnick v. WhalenNew York Court of Appeals · 1980
  2. Press v. County of MonroeNew York Court of Appeals · 1980
  3. New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
  4. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
  5. Knight v. HallsthammarCalifornia Supreme Court · 1981

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