[Download] "Matter White Plains Nursing Home v. Robert P. Whalen" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter White Plains Nursing Home v. Robert P. Whalen
- Author : Supreme Court of New York
- Release Date : January 01, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
[53 A.D.2d 926 Page 926] The present controversy arises from a determination by the appellants to lower the petitioner's Medicaid reimbursement rate. The determination was based upon a finding that a contract between petitioner and Cambridge Care Center to provide nursing care for petitioner was not an arm's length transaction. Significantly, included in the lowered 1975 rates was an adjustment to recoup overpayments found for the years 1972 through 1974. As a preliminary matter, we note that this article 78 proceeding is an improper vehicle to challenge administrative rate making. An article 78 proceeding, it is settled, may not be utilized to review legislative action [citations omitted], and an order of an administrative agency * * * is deemed a legislative act, at least where no provision has been made for notice and a hearing (Matter of Lakeland Water Dist. v Onondaga County Water Auth., 24 N.Y.2d 400, 407; see, also, Matter of Kovarsky v Housing & Development Admin. of City of N. Y., 31 N.Y.2d 184). As administrative rate [53 A.D.2d 926 Page 927]