New York State Association Counties v. David Axelrod - Court of Appeals of New York

New York State Association Counties v. David Axelrod

By Court of Appeals of New York

  • Release Date: 1991-06-27
  • Genre: Law
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[78 N.Y.2d 158 Page 161] Opinion OF THE COURT [1, 2] The defendants, collectively referred to as the Department of Health (DOH), adopted a new method
in 1986 for Medicaid reimbursement to nursing homes. Shortly thereafter, to contain costs and reduce all reimbursements, DOH
effected an across-the-board percentage reduction to the new reimbursement rate method as a purported "corrective measure".
Plaintiff, New York State Association of Counties (NYSAC), sued to annul this Medicaid reimbursement recalibration regulation
(10 NYCRR 86-2.31). We hold that NYSAC's lawsuit was timely commenced and that the regulation should be [78 N.Y.2d 158 Page
162]

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