Waterview Hills Nursing Center, Inc. v. Axelrod

Appeal from a judgment of the Supreme Court (Cheeseman, J.), entered November 1, 1989 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Health denying petitioner’s request for a hearing to review its Medicaid reimbursement rate for 1988.

Petitioner, a skilled nursing facility, filed an appeal to the Department of Health (hereinafter Department) for a review of its Medicaid reimbursement rate for 1988, claiming that the rate-setting methodology* impermissibly discriminated between hospitals and…