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1
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OPINION
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EXTRACTED KEY WORDS
CARE MEDICAID PLAINTIFFS ULSTER PUBLICATION CHARGES COURT PROVIDERS PERSONAL CARE SERVICES PERSONAL CARE APPELLATE DIVISION HOME CARE YORK STATE JUDGEMENT OPINION ACCORDANCE NYCRR UNCONSTITUTIONALITY VAGUE MFCU SUPREME COURT ALLEGED VIOLATION REVERSE STATUTE JUDGE OVERCHARGED MEDICAID CIVIL INJUNCTION ENFORCING |
3 No. 59
Ulster Home Care Inc., et al.,
Respondents,
v.
Dennis C. Vacco, as AttorneyGeneral of the State of New York,
Appellant.
_________________________________________________________________
2001 NY Int. 57
May 10, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Elizabeth T. Bogren, for appellant.
Raul A. Tabora, Jr., for respondents.
Healthcare Association of New York State; New York State Association
of Health Care Providers, Inc.; Home Care Association of New York
State, Inc., amici curiæ.
_________________________________________________________________
SMITH, J.:
Effective January 1, 1994, the New York State Department of Social
Services ("DSS") amended the Medicaid regulation setting reimbursement
rates for providers of personal care services. The amended regulation
states:
"(1) Medical assistance payments to personal care services
providers for any rate year beginning on or after January 1, 1994,
are made at the lower of the following rates:
"(i) the rate the provider charges the general public for personal
care services; or
"(ii) the rate determined by the department in accordance with (a
cost-based methodology)"
(18 NYCRR 505.14(h)(7)(ii)(a)(1) (emphasis added)). The primary issue
here is whether "the rate the provider charges the general public for
personal care services" is unconstitutionally vague. We conclude that
it is not.
This case arose in 1997 during a Statewide audit and investigation by
the Attorney General's Medicaid Fraud Control Unit (MFCU) of home
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