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In the Matter of LeadingAge New York, Inc., et al., Appellants-Respondents,v.Nirav Shah, as Commissioner of Health, et al., Respondents-Appellants. (Proceeding No. 1.)---------------------------------In the Matter of Coalition of New York State Public Health Plans, et al., Appellants-Respondents, v. New York State Department of Health, et al., Respondents-Appellants. (Proceeding No. 2.)

Brief

38 Cited authorities

  1. King v. Burwell

    574 U.S. 988 (2015)   Cited 667 times   40 Legal Analyses
    Holding that Congress did not delegate health insurance policy to Internal Revenue Service

  2. Gonzales v. Oregon

    546 U.S. 243 (2006)   Cited 558 times   10 Legal Analyses
    Holding that statute did not delegate authority to Attorney General to make medical judgments

  3. Chrysler Corp. v. Brown

    441 U.S. 281 (1979)   Cited 1,280 times   8 Legal Analyses
    Holding that a regulation may have "the force and effect of law" if: it enacts substantive rules affecting individual rights and obligations, and is not merely an interpretive rule or general policy statement; Congress has delegated "quasi-legislative" power to the agency; and the regulation is valid, i.e., the agency has followed applicable procedures such as the Administrative Procedure Act

  4. Util. Air Regulatory Group v. EPA

    573 U.S. 302 (2014)   Cited 266 times   27 Legal Analyses
    Holding that the authority to regulate "millions of small sources—including retail stores, offices, apartment buildings, shopping centers, schools, and churches" was a major question

  5. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  6. Perkins v. Lukens Steel Co.

    310 U.S. 113 (1940)   Cited 405 times
    Holding that the Government, acting in the role of a proprietor, has the power "to determine those with whom it will deal"

  7. Cruz v. TD Bank, N.A.

    2013 N.Y. Slip Op. 7762 (N.Y. 2013)   Cited 114 times
    Stating that New York courts have "declined to recognize a private right of action in instances where ‘the Legislature specifically considered and expressly provided for enforcement mechanisms’ in the statute itself" (quoting Mark G. v. Sabol , 93 N.Y.2d 710, 720, 695 N.Y.S.2d 730, 717 N.E.2d 1067 (1999) )

  8. GE CAPITAL v. TAX APPEALS DIV

    2 N.Y.3d 249 (N.Y. 2004)   Cited 86 times
    Observing that because “[t]hird-party finance companies do not carry the burden of collecting sales taxes as a trustee of the State,” it was not arbitrary or capricious for Tax Commission to preclude third parties from pursuing refund claims pertaining to uncollectible debts

  9. General Contrs. v. Thruway

    88 N.Y.2d 56 (N.Y. 1996)   Cited 106 times
    Concluding contractor-bidders lacked standing to assert violations of constitutional and statutory provisions on behalf of employees

  10. Koerner v. State of New York

    62 N.Y.2d 442 (N.Y. 1984)   Cited 116 times
    Holding that the three-year statute of limitations applies to discrimination claims under the NYSHRL

  11. Section 201 - Functions, powers and duties of the department

    N.Y. Pub. Health Law § 201   Cited 52 times   1 Legal Analyses

    1. The department shall, as provided by law: (a) supervise the work and activities of the local boards of health and health officers throughout the state, unless otherwise provided by law; (b) supervise and control the registration of births, deaths and marriages; (c) supervise the reporting and control of disease; (d) engage in research into morbidity and mortality; (e) produce, standardize and distribute diagnostic, prophylactic and therapeutic products; (f) conduct laboratory examinations for

  12. Section 505.5 - Durable medical equipment; medical/surgical supplies; orthotic and prosthetic appliances; orthopedic footwear

    N.Y. Comp. Codes R. & Regs. tit. 18 § 505.5   Cited 7 times
    Defining “[d]urable medical equipment” as prescribed “devices and equipment ... which ... can withstand repeated use for a protracted period of time; are primarily and customarily used for medical purposes; are generally not useful to a person in the absence of an illness or injury; and are usually not fitted, designed or fashioned for a particular individual's use”

  13. Section 1002.3 - Limits on executive compensation

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.3   Cited 5 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

  14. Section 1002.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.1   Cited 5 times   2 Legal Analyses

    For purposes of this Part: (a) Administrative expenses are those expenses authorized and allowable pursuant to applicable agency regulations, contracts or other rules that govern reimbursement with State funds or State-authorized payments that are incurred in connection with the covered provider's overall management and necessary overhead that cannot be attributed directly to the provision of program services. (1) Such expenses include but are not limited to the following expenses, if otherwise authorized

  15. 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

  16. Section 1002.6 - Penalties

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.6   Cited 2 times

    (a) Notice of preliminary determination of non-compliance. Whenever it is determined that a covered provider may not be in compliance with the requirements of section 1002.2 or 1002.3 of this Part and has not obtained a waiver, the provider shall be notified in writing of the basis for that determination. Such notice shall provide the covered provider with an opportunity and a procedure to submit additional or clarifying information within 30 calendar days of the provider's receipt of such notice

  17. 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