Faxton Sunset-St. Luke's Skilled Nursing Facility, Inc. v. Dowling

Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly granted the petition challenging respondents’ determination recalculating petitioner’s Medicaid reimbursement rate and directing recoupment of overpayments made for the 1987 and 1988 rate years. The record establishes that the reimbursement rates for those years were determined in accordance with applicable Department of Health regulations (see, 10 NYCRR 86-2.10 [b] [1] [i]; [3] [iii]; Matter of Sisters of Charity Hosp. v Axelrod, 98 AD2d 979). Contrary to respondents’ contention, any error in fixing those rates was…