32 Cited authorities

  1. Bennett v. New Jersey

    470 U.S. 632 (1985)   Cited 147 times
    Explaining that Title I was enacted by Congress with "[r]espect the deeply rooted tradition of state and local control over education"
  2. Klostermann v. Cuomo

    61 N.Y.2d 525 (N.Y. 1984)   Cited 377 times
    In Klostermann, the public agencies involved were in repeated noncompliance with the command of Mental Hygiene Law § 29.15 (g), which required preparation of a written service plan, with prescribed contents, for every person discharged from state psychiatric hospitals.
  3. ATM ONE v. LANDAVERDE

    2 N.Y.3d 472 (N.Y. 2004)   Cited 127 times
    In Landaverde, the Court of Appeals affirmed the dismissal of a breach of lease holdover proceeding governed by the Emergency Tenant Protection Regulations, on the ground that the predicate 10-day notice to cure had not been served sufficiently in advance.
  4. Sanders v. Winship

    57 N.Y.2d 391 (N.Y. 1982)   Cited 187 times
    Holding that all parts of the statute should be harmonized and given its full effect and meaning if possible
  5. James Square Assocs. LP v. Mullen

    2013 N.Y. Slip Op. 3935 (N.Y. 2013)   Cited 32 times
    In James Sq., the Court concluded that a retroactive period of 16 months “should be considered excessive and weighs against the State” (21 N.Y.3d at 249, 970 N.Y.S.2d 888, 993 N.E.2d 374).
  6. Morales v. Gross

    230 A.D.2d 7 (N.Y. App. Div. 1997)   Cited 57 times

    April 21, 1997 APPEAL from an order of the Supreme Court (Frank Vaccaro, J.), entered December 4, 1994 in Kings County, which, in an action to recover damages for personal injuries, denied a motion by the third-party defendant to dismiss the third-party complaint. Goldberg Carlton, New York City (Gary M. Carlton, Robert Goldberg and Steven S. Efron of counsel), for third-party defendant-appellant. Kelly McGlynn, New York City (Martin M. McGlynn of counsel), for defendant third-party plaintiff-respondent

  7. Oberlander v. Perales

    740 F.2d 116 (2d Cir. 1984)   Cited 84 times
    Holding that Article 78 petition presented sufficient process to challenge medicaid reimbursement rates set by panel according to predetermined protocol
  8. Majewski v. Broadalbin-Perth Central School District

    (N.Y. May. 12, 1998)   Cited 50 times
    In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence.
  9. Blossom View Home v. Novello

    4 N.Y.3d 581 (N.Y. 2005)   Cited 35 times
    In Matter of Blossom View Nursing Home v Novello, 4 NY3d 581, the Court enjoined DOH from conducting audits of a nursing home.
  10. Signature Health Center, LLC v. State

    92 A.D.3d 11 (N.Y. App. Div. 2011)   Cited 26 times
    Declining to imply private right of action under New York Public Health Law § 2807 where "there is no dispute that [plaintiffs] can obtain incidental monetary damages ... in the context of a CPLR article 78 proceeding"
  11. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,229 times   29 Legal Analyses
    Concluding paragraph, exception
  12. Section 5602 - Appeals to the court of appeals by permission

    N.Y. C.P.L.R. § 5602   Cited 1,082 times
    Discussing appeals by permission to New York Court of Appeals
  13. Section 2807 - Hospital reimbursement provisions; generally

    N.Y. Pub. Health Law § 2807   Cited 135 times

    1. Valid operating certificate requirement. No government agency and no corporation organized and operating in accordance with article forty-three of the insurance law and no health maintenance organization organized and operating in accordance with article forty-four of this chapter, shall purchase, pay for or make reimbursement or grants-in-aid for any hospital or health-related service, unless, at the time the service was provided, the hospital possessed a valid operating certificate authorizing

  14. Section 2808 - Residential health care facilities; rates of payment

    N.Y. Pub. Health Law § 2808   Cited 59 times

    1-a. Notwithstanding sections one hundred twelve and one hundred sixty-three of the state finance law and any other inconsistent provision of law, the commissioner shall make grants to public residential health care facilities without a competitive bid or request for proposal process for the purposes of addressing the overall increases in input costs borne by such facilities. Such modifications shall also be primarily intended to promote the provision of quality health care, quality operation, updated

  15. Section 363-A - Federal aid; state plan

    N.Y. Soc. Serv. Law § 363-A   Cited 58 times
    Designating Department of Health as agency responsible for supervising the administration of Medicaid in New York
  16. § 447.253 Other requirements

    42 C.F.R. § 447.253   Cited 117 times
    Requiring such findings and assurances
  17. Section 86-2.14 - Revisions in certified rates

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.14   Cited 52 times
    Prescribing administrative hearing as a second level appeal if requested within thirty days after denial of first appeal
  18. Section 86-2.13 - Adjustments to provisional rates based on errors

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.13   Cited 45 times

    (a) Errors resulting from submission of fiscal and statistical information by a residential health care facility may be corrected if brought to the attention of the State Commissioner of Health within 120 days of receipt of the commissioner's initial rate computation sheet. Errors on the part of the State Department of Health resulting from the rate computation process may be corrected if brought to the attention of the commissioner within 120 days of receipt of the commissioner's initial rate computation

  19. § 447.45 Timely claims payment

    42 C.F.R. § 447.45   Cited 43 times
    Calculating agency payment time limits from "the date the agency receives the claim"
  20. § 431.107 Required provider agreement

    42 C.F.R. § 431.107   Cited 25 times

    (a) Basis and purpose. This section sets forth State plan requirements, based on sections 1902(a)(4), 1902(a)(27), 1902(a)(57), and 1902(a)(58) of the Act, that relate to the keeping of records and the furnishing of information by all providers of services (including individual practitioners and groups of practitioners). (b) Agreements. A State plan must provide for an agreement between the Medicaid agency and each provider or organization furnishing services under the plan in which the provider