(DOWNLOAD) "Matter Ray Pharmacy v. Cesar A. Perales" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Ray Pharmacy v. Cesar A. Perales
- Author : Supreme Court of New York
- Release Date : January 29, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[169 A.D.2d 633 Page 634] By notice dated November 3, 1988, respondent advised petitioner that its participation in the Medicaid program was discontinued. The notice of termination was sent pursuant to 18 NYCRR 504.7 (a), which provides: ""A provider's participation in the program may be terminated by either the provider or the department upon 30 days' written notice to the other without cause."" The notice stated, ""The Department of Social Services has decided that the best interests of the Medicaid program would be served by discontinuing your participation as a Medicaid provider."" The termination was effective December 2, 1988, 30 days after the date of the letter. An enclosed ""Summary of Factors"" listed 11 problems based on an in-site inspection and review of the petitioner's records. The petitioner had been a Medicaid provider since 1985. In a letter dated November 22, 1988 to the Department of Social Services (DSS), the petitioner stated pursuant to 18 NYCRR part 515 that it was "" ' entitled to notice and an opportunity to be heard' "" (emphasis added). Thereafter, petitioner brought this proceeding for an order annulling its termination, and for reinstatement. It also alleged 18 NYCRR 504.7 (a) is unconstitutional as it affords terminated providers no opportunity to recoup a vested interest. The IAS court granted the petition to the extent of remanding the case to the respondent Commissioner for an evidentiary hearing and, pending the hearing, the continuance of petitioner's participation as a Medicaid provider.
 "Matter Ray Pharmacy v. Cesar A. Perales" by Supreme Court of New York " Book PDF Kindle ePub Free){kind=link}