Legal Opinion

New York State Ass'n v. Axelrod

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

Decided July 13, 1995PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

White, J.

This contempt application has its origins in the adoption by the State Department of Health (hereinafter DOH) of a new method for Medicaid reimbursement to nursing homes called the "Long Term Care Case Mix Reimbursement System”.1 After a few months of experience with this system, DOH concluded that a downward adjustment of the rates was necessary to account for their purported artificial increase due to improved reporting of patient care, known as "paper optimization”. Accordingly, it promulgated a regulation imposing an *21across-the-board 3.035% reduction, or…

2Cases cited19 opinions

  1. United States v. CarltonSupreme Court of the United States · 1994
  2. McCain v. DinkinsNew York Court of Appeals · 1994
  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. 1605 Book Center, Inc. v. Tax Appeals TribunalNew York Court of Appeals · 1994

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3Cited by5 opinions

  1. Signature Health Center, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. Sprint Nextel Corp.New York Supreme Court · 2013
  3. Summerville v. City of New YorkNew York Court of Appeals · 2002
  4. Concourse Nursing Home v. StateAppellate Division of the Supreme Court of the State of New York · 2003
  5. NewChannels Corp. v. Tax Appeals Tribunal of the Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2001

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