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BLUE CROSS PLANS v. AXELROD

145 Misc.2d 336 (1989)

New York State Conference of Blue Cross and Blue Shield Plans, Petitioner, v. David M. Axelrod, as Commissioner of Health of the State of New York, Respondent.

Supreme Court, Albany County.

October 10, 1989

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (Bartley J. Costello, III, and Eileen M. Kelley of counsel), for petitioner. Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for respondent. Harry Franklin for Committee of Interns and Residents, amicus curiae.

LAWRENCE E. KAHN, J.

This proceeding has been commenced by the New York State Conference of Blue Cross and Blue Shield Plans (the Plans) challenging the authority of the Commissioner of Health of the State of New York (Commissioner) to require the Plans to reimburse hospitals for certain cost increases attributable to the care and treatment of Medicare patients. The increased costs specifically at issue arise...

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