67 A.D.2d 1017 | N.Y. App. Div. | 1979
— Appeal from a judgment of the Supreme Court at Special Term, entered July 14, 1977 in Albany County, which treated the proceeding brought by the petitioner pursuant to CPLR article 78 as an action for a declaratory judgment, and dismissed the petition. Petitioner is a licensed residential health care center facility participating in the Medicaid program, a joint Federal-State grant-in-aid program, established pursuant to subchapter 19 of the Federal Social Security Act (US Code, tit 42, subdch 19, § 1396 et seq.). In order to participate, petitioner executed a "Provider Agreement” with New York State under section 1396a (subd [a], par [27]) of title 42 of the United States Code whereby it agreed to provide nursing home services in exchange for payment based upon reimbursement of the costs incurred by petitioner in providing such services, and in accordance with regulations established by the Commissioner of Health of the State of New York. The reimbursement rates were established by the commissioner and certified by the Director of the Budget pursuant to article 28 of the Public Health Law. On July 21, 1975, the union representing petitioner’s employees notified petitioner that a strike would be called if petitioner did not pay its employees, effective August 1,1975, at a wage rate recommended by a mediator. Petitioner determined that it could not meet the union demand and withdrew from negotiations. The Department of Health was notified of the impending strike. The employees thereafter engaged in a