Legal Opinion
Miriam Osborn Memorial Home Ass'n v. Chassin
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 1998PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J. P.
Public Health Law § 2807-d imposes monetary assessments on residential health care facilities requiring them to pay a percentage of gross receipts from all patient care services and operating income during specified time periods. The question before us is whether that section may be enforced lawfully and constitutionally as against the appellant, Miriam Osborn Memorial Home Association (hereinafter the Osborn), a not-for-profit residential health care facility (hereinafter RHCF) in Rye, New York.
The Osborn claims that the assessment provisions were enacted…
2Cases cited6 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Lehnhausen v. Lake Shore Auto Parts Co.Supreme Court of the United States · 1973
- Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
- De Buono v. NYSA-ILA Medical & Clinical Services Fund Ex Rel. BowersSupreme Court of the United States · 1997
- United States v. CarltonSupreme Court of the United States · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Miriam Osborn Memorial Home Ass'n v. ChassinNew York Court of Appeals · 2003
- Charles T. Sitrin Health Care Center, Inc. v. StateNew York Supreme Court · 2003
- Igoe v. PatakiNew York Supreme Court · 1999
- Port Jefferson Health Care Facility v. WingAppellate Division of the Supreme Court of the State of New York · 1998