In the Matter of Elcor Health Services, Inc., Appellant v. Antonia Novello, as Commissioner of Health of the State…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the Department of Health's "actual improvement" standard for restorative therapy is an interpretive rule, not subject to the State Administrative Procedure Act, and that the interpretation is neither arbitrary nor irrational and does not conflict with federal or state Medicaid law.