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MATTER OF NEW YORK STATE HEALTH FACILITIES ASSN., INC. v. SHEEHAN

514426.

100 A.D.3d 1086 (2012)

953 N.Y.S.2d 712

2012 NY Slip Op 7251

In the Matter of NEW YORK STATE HEALTH FACILITIES ASSOCIATION, INC., On Behalf of its MEMBER RESIDENTIAL HEALTH CARE FACILITIES, Appellant, v. JAMES G. SHEEHAN, as Medicaid Inspector General of the State of New York, et al., Respondents.

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

November 1, 2012.

Mercure, J.P.

Petitioner is a trade association representing residential health care facilities that participate in Medicaid, which is administered by the Department of Health in New York. Respondent Office of the Medicaid Inspector General (hereinafter OMIG) is an independent office within the Department responsible for preventing, detecting and investigating Medicaid fraud (see Public Health Law §§ 30, 31 [1]). Petitioner seeks a writ of prohibition...

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