WEST MIDTOWN MGT. GROUP, INC. v. STATE OF NEW YORK

1269, 100325/14.

142 A.D.3d 843 (2016)

38 N.Y.S.3d 119

WEST MIDTOWN MANAGEMENT GROUP, INC., Doing Business as WEST MIDTOWN MEDICAL GROUP, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided September 22, 2016.


Petitioner seeks to limit its Medicaid reimbursement overpayment liability, in connection with a final audit report issued by respondent Office of the Medicaid Inspector General (OMIG), to the "lower confidence limit" amount of $1,460,914 set forth in the FAR. The FAR states that, although OMIG did not waive any available remedies, if petitioner did not remit payment or arrange a payment plan within 20 days, OMIG would withhold a percentage of Medicaid billings to "liquidate...

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