New York City Health & Hospitals Corp. v. Bane

*402OPINION OF THE COURT

Ciparick, J.

Plaintiffs, Medicare and Medicaid services providers, obtained a Federal court judgment declaring invalid a regulation adopted by defendant Commissioner of the Department of Social Services which limited defendant’s responsibility for coinsurance payments incurred in connection with Medicare Part B services rendered to certain "dually eligible” elderly and poor patients. After the declaration of invalidity, plaintiffs submitted coinsurance claims for services rendered during the period when the invalidated regulation was in effect. Defendant refused to pay…