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MATTER OF AMSTERDAM NURSING HOME CORPORATION (1992) v. DAINES

507033

68 A.D.3d 1591 (2009)

2009 NY Slip Op 10017

892 N.Y.S.2d 608

In the Matter of AMSTERDAM NURSING HOME CORPORATION (1992) et al., Appellants, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 31, 2009.

CARDONA, P.J.

As is relevant to this appeal, petitioners are licensed residential health care facilities that are reimbursed with public funds at rates determined by the Department of Health (hereinafter DOH) for health care services provided to eligible residents. Following the implementation in 2006 of the Medicare Part D Prescription Drug Benefit Program, DOH notified petitioners that the adjusted Medicaid reimbursement rates would include an offset for the subsidy...

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