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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

14 Cited authorities

  1. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 243 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"

  2. Rapp v. Carey

    44 N.Y.2d 157 (N.Y. 1978)   Cited 59 times
    Holding that the governor of New York "has only those powers delegated to him by the [state] Constitution and the statutes"

  3. Fellow v. Comm'r of Health of N.Y.

    107 A.D.3d 1095 (N.Y. App. Div. 2013)   Cited 1 times

    2013-06-6 In the Matter of ODD FELLOW & REBEKAH REHABILITATION AND HEALTH CARE CENTER, INC., Petitioner, v. COMMISSIONER OF HEALTH of the State of New York et al., Respondents. Bond, Schoeneck & King, PLLC, Albany (Raul A. Tabora Jr. of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Paul Groenwegen of counsel), for respondents. Bond, Schoeneck & King, PLLC, Albany (Raul A. Tabora Jr. of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Paul Groenwegen

  4. Clove Lakes Nursing Home v. Whalen

    45 N.Y.2d 873 (N.Y. 1978)   Cited 26 times
    In Clove Lakes, the court's conclusion that due process was not involved was based upon the fact that the procedure set forth provided the claimant with an effective method for asserting his claim prior to any administrative action.

  5. Matter of Bay Ridge Diagnostic v. Smith

    71 A.D.2d 889 (N.Y. App. Div. 1979)   Cited 11 times

    August 13, 1979 In a proceeding pursuant to CPLR article 78, inter alia, to compel the Commissioner of the New York City Department of Social Services to pay outstanding Medicaid bills submitted by petitioner, the commissioner appeals from a judgment of the Supreme Court, Kings County, dated June 24, 1977, which, inter alia, ordered him to pay moneys due under the Medicaid program. Judgment reversed, on the law, without costs or disbursements, and proceeding remitted to Special Term, for a hearing

  6. Matter of Citizens for an Ord. Energy Policy v. Cuomo

    77 N.Y.2d 804 (N.Y. 1991)

    Decided February 19, 1991 Appeal from (3d Dept: 159 A.D.2d 141) MOTIONS FOR LEAVE TO APPEAL GRANTED OR DENIED Motions for leave to appeal which are dismissed, or which are granted or denied with additional explanation for basis of decision, are reported elsewhere. Granted.

  7. Matter of Birchwood Nursing Home v. Whalen

    70 A.D.2d 1020 (N.Y. App. Div. 1979)   Cited 8 times
    In Matter of Birchwood Nursing Home v Whalen (70 A.D.2d 1020) the statement was again made but the court awarded what it regarded as proper article 78 relief, different from that requested by the petitioner.

  8. Section 515.2 - Unacceptable practices under the medical assistance program

    N.Y. Comp. Codes R. & Regs. tit. 18 § 515.2   Cited 68 times

    (a) General. An unacceptable practice is conduct by a person which is contrary to: (1) the official rules and regulations of the department; (2) the published fees, rates, claiming instructions or procedures of the department; (3) the official rules and regulations of the Departments of Health, Education and Mental Hygiene, including the latter department's offices and divisions, relating to standards for medical care and services under the program; or (4) the regulations of the Federal Department

  9. Section 540.6 - Billing for medical assistance

    N.Y. Comp. Codes R. & Regs. tit. 18 § 540.6   Cited 27 times
    Noting that category of “[m]edical supplies” “includ[es] sickroom supplies”

  10. Section 515.3 - Authority to sanction

    N.Y. Comp. Codes R. & Regs. tit. 18 § 515.3   Cited 27 times

    (a) Upon a determination that a person has engaged in an unacceptable practice, the department may impose one or more of the following sanctions: (1) exclusion from the program for a reasonable time; (2) censure; or (3) conditional or limited participation, such as requiring preaudit or prior authorization of claims for all medical care, services or supplies, prior authorization of specific medical care, services or supplies, or other similar conditions or limitations. (b) The department may also

  11. Section 504.1 - Policy and scope

    N.Y. Comp. Codes R. & Regs. tit. 18 § 504.1   Cited 24 times

    (a) The policy of this State is to make available to everyone, regardless of race, age, national origin or economic standing, uniform high quality medical care. In pursuit of this goal the department will contract with only those persons who can demonstrate that they are qualified to provide medical care, services or supplies and who can provide reasonable assurance that public funds will be properly utilized. Only qualified and responsible persons may be enrolled as providers of care, services and

  12. Section 504.5 - Denial of an application

    N.Y. Comp. Codes R. & Regs. tit. 18 § 504.5   Cited 24 times

    (a) In determining whether to enter into a contract with an applicant, the department shall consider the following factors with respect to the applicant and any affiliated person: (1) any false representation or omission of any material fact in making the application; (2) any previous or current suspension, exclusion or involuntary withdrawal from participation in the medical assistance program or the Medicaid program of any other state of the United States or from participation in any other governmental

  13. Section 518.1 - Scope

    N.Y. Comp. Codes R. & Regs. tit. 18 § 518.1   Cited 23 times

    (a) This Part sets forth the procedures for the recovery of overpayments determined to be due the department under the medical assistance program and for withholding payments otherwise due a provider. (b) When the department has determined that any person has submitted or caused to be submitted claims for medical care, services or supplies for which payment should not have been made, it may require repayment of the amount determined to have been overpaid. (c) An overpayment includes any amount not

  14. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review