16 Cited authorities

  1. Peckham v. Calogero

    2009 N.Y. Slip Op. 3585 (N.Y. 2009)   Cited 367 times
    In Peckham v Calogero (12 NY3d 424 [2009]) the Court of Appeals upheld the determination of the State Division of Housing and Community Renewal (DHCR), which granted a landlord's application to refuse renewal of its tenant's lease.
  2. Samiento v. World Yacht Inc.

    2008 N.Y. Slip Op. 1258 (N.Y. 2008)   Cited 210 times   8 Legal Analyses
    Affirming dismissal of unjust enrichment claim because "plaintiffs have an adequate remedy at law"
  3. 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.
  4. County of Monroe v. Kaladjian

    630 N.E.2d 638 (N.Y. 1994)   Cited 44 times

    Argued January 5, 1994 Decided February 15, 1994 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Richard D. Rosenbloom, J. G. Oliver Koppell, Attorney-General Albany (Patrick Barnett-Mulligan, Jerry Boone and Peter H. Schiff of counsel), for appellants. Charles S. Turner, County Attorney of Monroe County, Rochester (John P. Costello of counsel), for respondent. SMITH, J. The issue in this case is whether the Department of Health's (DOH) decision to deny

  5. Liguori v. Beloten

    76 A.D.3d 1156 (N.Y. App. Div. 2010)   Cited 9 times

    No. 508688. September 30, 2010. Appeal from a judgment of the Supreme Court (Devine, J.), entered November 4, 2009 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Chair of respondent Workers' Compensation Board removing petitioner from a list of eligible providers. Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for appellants. Quadrino Schwatz, Garden City (Harold J. Levy of counsel)

  6. Mihailescu v. Sheehan

    25 Misc. 3d 258 (N.Y. Sup. Ct. 2009)   Cited 8 times
    In Mihailescu, the petitioner (a physician) was charged by the State Office of Professional Medical Conduct ("OPMC"), another division within the DOH, with "committing `boundary violations' involving two patients, including `inappropriate sexual contact' with one of them" (id. at *2).
  7. Vaynshelbaum v. Daines

    30 Misc. 3d 1227 (N.Y. Misc. 2011)

    February 17, 2011. Jaffe, J. Social Services — Disqualification or Termination as Medicaid Provider — Application for Reinstatement. Regulations of Department of Social Services — 18 NYCRR 504.5 (Medical care — enrollment of providers; denial of application).

  8. Bora v. New York State Department of Social Services

    152 A.D.2d 10 (N.Y. App. Div. 1989)   Cited 14 times

    November 22, 1989 Appeal from the Supreme Court, Albany County, Joseph P. Torraca, J. Jacobson Goldberg (Susan P. Pechstein of counsel), for appellant. Robert Abrams, Attorney-General (Clifford A. Royael and Peter G. Crary of counsel), for respondent. WEISS, J. Petitioner is a licensed physician practicing in New York City. Respondent is charged with administration of the State's Medicaid program which provides medical assistance to needy individuals based upon financial need through participating

  9. Matter, Pekarsky v. Comm., State Dept., S.S

    257 A.D.2d 905 (N.Y. App. Div. 1999)   Cited 1 times

    January 21, 1999. Petitioner is a physician practicing medicine in Kings County; he has been a Medicaid provider since 1987. An audit of 11 Medicaid patient records disclosed, inter alia, that petitioner failed to record adequate patient histories, routinely ordered ambulette service without documenting a medical need therefor, and routinely prescribed medications without documenting a medical basis and, without monitoring patient response. Following notice to petitioner and consideration of petitioner's

  10. Matter of Khawaja v. Kaladjian

    207 A.D.2d 398 (N.Y. App. Div. 1994)   Cited 3 times

    August 8, 1994 Appeal from the Supreme Court, Kings County (Vinik, J.). Ordered that the order and judgment is reversed, on the law, with costs, the petition is denied, the cross motion is granted, and the proceeding is dismissed on the merits. A Medicaid provider does not have a constitutionally-protected property right to continued participation in the Medicaid program (see, Matter of Rivero v. Perales, 185 A.D.2d 350). The relationship between a provider and the State is contractual in nature

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

    N.Y. Comp. Codes R. & Regs. tit. 18 § 515.2   Cited 70 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

  12. Section 504.7 - Continued enrollment termination

    N.Y. Comp. Codes R. & Regs. tit. 18 § 504.7   Cited 34 times
    Noting "provider's participation in the program may be terminated . . . without cause"
  13. Section 515.7 - Immediate sanctions

    N.Y. Comp. Codes R. & Regs. tit. 18 § 515.7   Cited 25 times

    (a) Notwithstanding any provision of this Title to the contrary, the department, upon notice to the person, may take immediate action under this section. (b) Upon receiving notice of an indictment which charges a person with committing an act which would be a felony under the laws of New York and which relates to or results from: (1) the furnishing or billing for medical care, services or supplies; or (2) participation in the performance of management or administrative services relating to furnishing

  14. Section 504.1 - Policy and scope

    N.Y. Comp. Codes R. & Regs. tit. 18 § 504.1   Cited 22 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

  15. Section 500.1 - Introduction

    N.Y. Comp. Codes R. & Regs. tit. 18 § 500.1   Cited 2 times

    (a) Medical care which may be provided under the medical assistance program, as authorized by title 11 of article five of the Social Services Law, consists of the care, services and supplies enumerated therein, together with any other care, services or supplies authorized to be provided by these regulations and furnished in accordance with these regulations, sound medical practice and the rules and regulations of the state board or body supervising the respective professions. (b) The department will