31 Cited authorities

Bennett v. New Jersey
470 U.S. 632 (1985) Cited 149 times
In Bennett v. New Jersey, 470 U.S. 632, 105 S.Ct. 1555, 84 L.Ed.2d 572 (1985), the Secretary of Education sought to recoup Title I funds based on the State's noncompliance, from 1970 to 1972, with a 1978 amendment to Title I.
Klostermann v. Cuomo
61 N.Y.2d 525 (N.Y. 1984) Cited 411 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.
ATM ONE v. LANDAVERDE
2 N.Y.3d 472 (N.Y. 2004) Cited 140 times
Holding that service is deemed complete upon mailing, an affidavit of service will raise a presumption that proper mailing occurred, and mere denial of receipt is not enough to deny this presumption
Sanders v. Winship
57 N.Y.2d 391 (N.Y. 1982) Cited 191 times
Holding that all parts of the statute should be harmonized and given its full effect and meaning if possible
Majewski v. Broadalbin-Perth Central School District
(N.Y. May. 12, 1998) Cited 75 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."
James Square Assocs. LP v. Mullen
2013 N.Y. Slip Op. 3935 (N.Y. 2013) Cited 41 times 2 Legal Analyses
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).
Morales v. Gross
230 A.D.2d 7 (N.Y. App. Div. 1997) Cited 60 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
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
Blossom View Home v. Novello
4 N.Y.3d 581 (N.Y. 2005) Cited 38 times
Discussing the prospective system used for reimbursement rates
Signature Health Center, LLC v. State
92 A.D.3d 11 (N.Y. App. Div. 2011) Cited 28 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"
Section 1396a - State plans for medical assistance
42 U.S.C. § 1396a Cited 3,537 times 39 Legal Analyses
Concluding paragraph, exception
Section 5602 - Appeals to the court of appeals by permission
N.Y. CPLR 5602 Cited 1,154 times
Discussing appeals by permission to New York Court of Appeals
Section 2808 - Residential health care facilities; rates of payment
N.Y. Pub. Health Law § 2808 Cited 78 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
Section 363-A - Federal aid; state plan
N.Y. Soc. Serv. Law § 363-A Cited 69 times
Designating Department of Health as agency responsible for supervising the administration of Medicaid in New York
Section 447.253 - Other requirements
42 C.F.R. § 447.253 Cited 125 times
Requiring such findings and assurances
Section 86-2.14 - Revisions in certified rates
N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.14 Cited 54 times
Prescribing administrative hearing as a second level appeal if requested within thirty days after denial of first appeal
Section 86-2.13 - Adjustments to provisional rates based on errors
N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.13 Cited 48 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
Section 447.45 - Timely claims payment
42 C.F.R. § 447.45 Cited 47 times
Calculating agency payment time limits from "the date the agency receives the claim"
Section 431.107 - Required provider agreement
42 C.F.R. § 431.107 Cited 30 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 or

In the Matter of Woodside Manor Nursing Home, et al., Appellants,v.Nirav R. Shah, M.D.,, et al., Respondents.

31 Cited authorities

In Bennett v. New Jersey, 470 U.S. 632, 105 S.Ct. 1555, 84 L.Ed.2d 572 (1985), the Secretary of Education sought to recoup Title I funds based on the State's noncompliance, from 1970 to 1972, with a 1978 amendment to Title I.

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.

Holding that service is deemed complete upon mailing, an affidavit of service will raise a presumption that proper mailing occurred, and mere denial of receipt is not enough to deny this presumption

Holding that all parts of the statute should be harmonized and given its full effect and meaning if possible

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."

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).

Holding that Article 78 petition presented sufficient process to challenge medicaid reimbursement rates set by panel according to predetermined protocol

Discussing the prospective system used for reimbursement rates

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"

Concluding paragraph, exception

Discussing appeals by permission to New York Court of Appeals

Designating Department of Health as agency responsible for supervising the administration of Medicaid in New York

Requiring such findings and assurances

Prescribing administrative hearing as a second level appeal if requested within thirty days after denial of first appeal

Calculating agency payment time limits from "the date the agency receives the claim"