10 Cited authorities

  1. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 216 times   3 Legal Analyses
    In Boreali v. Axelrod, 71 N.Y.2d 1 (1987), the high court invalidated antismoking regulations promulgated by the Public Health Council ("PHC") on the ground that the detailed regulatory scheme exceeded the PHC's statutory authority over matters affecting the public health.
  2. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. N.Y.C. Dep't of Health & Mental Hygiene

    2014 N.Y. Slip Op. 4804 (N.Y. 2014)   Cited 21 times

    No. 134 06-26-2014 In the Matter of NEW YORK STATEWIDE COALITION OF HISPANIC CHAMBERS OF COMMERCE, et al., Respondents, v. The NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, et al., Appellants. Michael A. Cardozo, Corporation Counsel, New York City (Richard Dearing, Fay Ng, Leonard J. Koerner, Pamela Seider Dolgow, Mark Muschenheim, Jasmine M. Georges, Spencer Fisher, Zachary W. Carter and Trevor D. Lippman of counsel), for appellants. Latham & Watkins LLP (Richard P. Bress, of the District

  3. Health Facilities v. Axelrod

    569 N.E.2d 860 (N.Y. 1991)   Cited 46 times

    Argued November 14, 1990 Decided February 19, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Harold J. Hughes, J. Robert Abrams, Attorney-General (Daniel Smirlock, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants. Cornelius D. Murray, David M. Cherubin and Bernard Schwartz for respondent. HANCOCK, JR., J. In 1988, the Public Health Council, pursuant to the State Administrative Procedure Act, adopted a set of regulations (Medicaid Patient

  4. Health Ins. Assn. v. Corcoran

    154 A.D.2d 61 (N.Y. App. Div. 1990)   Cited 11 times
    Challenging determination by State Superintendent of Insurance that use of HIV test results in screening applicants for health insurance violated § 4224
  5. Matter of Health Ins. Ass'n of America v. Corcoran

    565 N.E.2d 1264 (N.Y. 1990)   Cited 2 times

    Argued November 14, 1990 Decided December 18, 1990 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Daniel H. Prior, Jr., J. Robert Abrams, Attorney-General (Frederic L. Lieberman, O. Peter Sherwood, Lawrence S. Kahn and Rosalie J. Hronsky of counsel), for appellant. Edward N. Costikyan, Carroll J. Mealey and Melissa T. Rosse for respondents. Evan Wolfson, Kim J. Landsman, Debra Freeman and Harlan M. Mandel for Lambda Legal Defense and Education Fund, Inc

  6. Section 504.4 - Duties of the department

    N.Y. Comp. Codes R. & Regs. tit. 18 § 504.4   Cited 10 times

    (a) Upon receipt of a complete, original and signed application, an investigation will be conducted to verify or supplement the information contained in the application. The background and qualifications of the applicant shall also be reviewed. (b) The department may request further information from an applicant. In such a case, it shall make a clear and precise request to the applicant for the information and inform the applicant whether or not action on the application will be postponed pending

  7. Section 1002.3 - Limits on executive compensation

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.3   Cited 6 times   1 Legal Analyses

    (a) Limits on executive compensation. Except if a covered provider has obtained a waiver pursuant to section 1002.4 of this Part, a covered provider as defined in this regulation shall not use State funds or State-authorized payments for executive compensation given directly or indirectly to a covered executive in an amount greater than $199,000 per annum, provided, however, that the department shall review this figure annually to determine whether adjustment is necessary based on appropriate factors

  8. Section 1002.4 - Waivers

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.4   Cited 4 times

    (a) Waivers of limit on executive compensation. The department or its designee and the Director of the Division of the Budget may grant a waiver to the limits on executive compensation in section 1002.3 of this Part for executive compensation for one or more covered executives, or for one or more positions, during the reporting period and, where appropriate, for a longer period upon a showing of good cause. To be considered, an application for such a waiver must comply with this subdivision in its

  9. Section 670.3 - Residential health care facilities

    N.Y. Comp. Codes R. & Regs. tit. 10 § 670.3   Cited 4 times

    (a) Notwithstanding the provisions of subdivisions (a), (b) and (c) of section 670.1 of this Part, the factors, methodology and procedures to be used by the Public Health Council for determining the public need for residential health care facility beds shall include, but not be limited to, the substantive criteria, methodology and procedure set forth in section 709.3 of this Chapter and the provisions of subdivision (c) of this section. (b) Any application for establishment wherein a determination

  10. Section 504.2 - Application for participation

    N.Y. Comp. Codes R. & Regs. tit. 18 § 504.2   Cited 2 times

    (a) Information regarding application for enrollment may be obtained by writing to the Provider Enrollment Unit of the department. (b) To apply for enrollment as a provider of services, an applicant must submit a complete, original, signed and sworn application in the form and manner as may be required by the department. The ownership and disclosure form required by Part 502 of this Title is part of the application. (c) The department may require the provision of information relative to the applicant's