Legal Opinion
Clove Lakes Nursing Home v. Whalen
New York Court of Appeals
Decided October 24, 1978PublishedCited by 27 opinions
1Opinion of the Court
*874OPINION OF THE COURT
2Per curiam
At issue in this declaratory judgment action is whether the State Commissioner of Health may, without first holding an evidentiary hearing, retroactively reduce reimbursement rates and recoup alleged overpayments to nursing homes receiving Medicaid reimbursement. Special Term held invalid such recoupment without a prior departmental hearing, but the Appellate Division reversed, holding a prerecoupment hearing unnecessary. Since it is concluded that adequate protection is provided so long as a hearing is held promptly after the adjustments and installment recoupments are…
3Cases cited8 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Goldberg v. KellySupreme Court of the United States · 1970
- Lanza v. WagnerNew York Court of Appeals · 1962
- Lanza v. WagnerSupreme Court of the United States · 1962
- White Plains Nursing Home v. WhalenNew York Court of Appeals · 1977
3 more not listed; retrieve them via the Exa API.
4Cited by27 opinions
- Oberlander v. PeralesCourt of Appeals for the Second Circuit · 1984
- Rr Village Association, Inc., Jay Stanleigh and Authur L. Penzel, Plaintiffs v. Denver Sewer Corporation and Town of Roxbury (New York)Court of Appeals for the Second Circuit · 1987
- Visiting Nurse Service of New York Home Care v. New York State Department of HealthNew York Court of Appeals · 2005
- Cortlandt Nursing Home v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1984
- Grossman v. AxelrodDistrict Court, S.D. New York · 1979
22 more not listed; retrieve them via the Exa API.