Legal Opinion

Visiting Nurse Service of New York Home Care v. New York State Department of Health

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

Decided December 9, 2004PublishedCited by 4 opinions

1Opinion of the CourtKane, J.

Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered August 22, 2003 in Albany County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Department of Health directing recoupment of Medicaid overpayments made to petitioner.

Petitioner, a not-for-profit certified home health agency providing professional medical care to patients in New York City and the surrounding areas, is licensed and regulated by respondent Department of Health (hereinafter DOH). Petitioner is a participating provider in…

2Cases cited6 opinions

  1. Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
  2. Siddiqui v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1986
  3. Astor Gardens Health Care Center, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2003
  4. Rego Park Nursing Home v. PeralesAppellate Division of the Supreme Court of the State of New York · 1994
  5. State v. HollanderAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by4 opinions

  1. CLC of Biloxi, LLC v. Mississippi Division of MedicaidCourt of Appeals of Mississippi · 2016
  2. CLC of Biloxi, LLC v. Mississippi Division of MedicaidCourt of Appeals of Mississippi · 2016
  3. JERSEY STRONG PEDIATRICS, LLC v. WANAQUE CONVALESCENT CENTERDistrict Court, D. New Jersey · 2019
  4. Matter of Dry Harbor Nursing Home v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2019

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