Preview:

[*1]


Decided on September 20, 2007
Supreme Court, Kings County

6659/07
Laura L. Jacobson, J.
Upon the foregoing papers in this CPLR article 78 proceeding, petitioner Lutheran Medical Center (petitioner or LMC) seeks a judgment annulling the determination of respondents Richard F. Daines, M.D., as Acting Commissioner of the New York State Department of Health and the New York State Department of Health (the DOH) (collectively respondents), dated October 25, 2006, which readjusted its Medicaid reimbursement rates from 1999 through 2003 and resulted in a recoupment of approximately $7 million, as arbitrary, capricious, and contrary to law, fully reimbursing the monies recouped by respondent, and awarding petitioner costs and disbursements.
Petitioner, a not-for-profit corporation, is a 476-bed hospital located in Brooklyn, New York, which provides various health care and support services, and is a participant in the Medicaid program. Respondent DOH is the state agency charged under Public Health Law (PHL)

Download 2007_51894.pdf

New York Law