95 A.D.2d 974 | N.Y. App. Div. | 1983
— Appeal from that part of an order and judgment of the Supreme Court at Special Term (Hughes, J.), entered June 4, 1982 in Albany County, which partially granted defendants’ cross motion for summary judgment and dismissed plaintiff’s third cause of action and first alternative cause of action. Plaintiff owns and operates the Fishkill Health Related Facility, a nursing home in Beacon, New York. The facility, which has been in operation since 1973, participates in the Medicaid program (US Code, tit 42, § 1396 eí seq.) and is reimbursed for the care it provides to eligible Medicaid patients from a combination of State and Federal funds. Reimbursement rates are established pursuant to State regulations (10 NYCRR subpart 86-2). which carry out the Federal guidelines. The rate of reimbursement for a given year is determined by ascertaining a facility’s allowable costs for a “base year”, dividing the total of those allowable costs by the number of patient days of care provided during the base year, and then
. Although defendants filed a notice of cross appeal from the order and judgment entered herein, they have decided not to pursue their appeal.
. The intent of the Legislature is even more clearly expressed in the new language of subdivision 3 of section 2807 of the Public Health Law (L 1982, ch 536, § 3, eff Jan. 1, 1983) requiring that rates be “reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities”.