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MATTER OF NEW YORK CITY HEALTH & HOSPITALS CORPORATION v. ZUCKER

9617, 155746/17.

173 A.D.3d 511 (2019)

102 N.Y.S.3d 32

2019 NY Slip Op 04770

In the Matter of New York City Health and Hospitals Corporation, Petitioner, v. Howard A. Zucker, M.D., et al., Respondents.

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

Decided June 13, 2019.

Respondents rationally construed the governing Medicaid statutory and regulatory framework as limiting reimbursable treatment for care for undocumented aliens' "emergency medical condition[s]" to treatment for acute symptoms, not extending to treatment for chronic conditions not manifesting in acute symptoms (see 42 USC § 1396b[v][3]; 42 CFR 440.255[b][1]; Social Services Law § 122[1][e]; 18 NYCRR 360-3.2[j][1][iii]; Greenery Rehabilitation Group, Inc...

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