New York Court of Appeals
In the Matter of Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health, Appellants…
March 28, 199585 N.Y.2d 326
Summary
The New York Court of Appeals held that the 1989 base price reduction regulation lacked a rational basis and was therefore arbitrary and capricious, invalidating the regulation. It reversed the lower court’s affirmation and remanded the matter for further determination of compliance with the Boren Amendment and the Public Health Law.