Legal Opinion
New York State Ass'n of Homes & Services for Aging, Inc. v. Perales
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 1992PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Weiss, J. P.
Petitioners are State-wide associations whose members operate nursing homes. They have challenged an emergency promulgation implemented by regulation which reduced Medicaid rates for "bed holds” at the medical facilities operated by their members. By amendments to 18 NYCRR 360-7.10 and 505.9, the Department of Social Services reduced the established cost-based medical facility per diem Medicaid rate for reserved bed days* to 85% of the regular per diem rate. Without reaching the many underlying substantive issues raised by petitioners, Supreme Court determined…
2Cases cited7 opinions
- New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
- Gross v. PeralesNew York Court of Appeals · 1988
- Dental Society v. CareyNew York Court of Appeals · 1984
- Rye Psychiatric Hospital Center, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Health Care Plan, Inc. v. BahouNew York Court of Appeals · 1984
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3Cited by3 opinions
- Baez v. BaneAppellate Division of the Supreme Court of the State of New York · 1995
- Baez v. BaneNew York Supreme Court · 1993
- Metropolitan Taxicab Board of Trade v. New York City Taxi & Limousine CommissionNew York Supreme Court · 2013