Psychiatric Services Center, Inc. v. Bates — 52 N.Y.2d 788

Majority

p. 788

In the Matter of Psychiatric Services Center, Inc., Appellant, v Charles W. Bates, as Westchester County Commissioner of Social Services, et al., Respondents.

Argued November 21, 1980;

decided December 22, 1980

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APPEARANCES OF COUNSEL

Evelyn K. Isaac and Marc E. Grossman for appellant.

Samuel S. Yasgur, County Attorney (Marsha Bacon Glover and Jonathan Lovett of counsel), for Westchester County Commissioner of Social Services, respondent.

Robert Abrams, Attorney-General (Robert A. Feuerstein, Shirley Adelson Siegel and George D. Zuckerman of counsel), for Acting New York State Commissioner of Social Services and others, respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Petitioner seeks to obtain reimbursement for psychiatric clinic care administered to Medicaid patients. Under the applicable regulation (18 NYCRR 505.15 [b] [2] [ii]), such services are eligible for Medicaid payments or reimbursement only if they are provided in certain designated institutions: (1) municipal and voluntary hospitals supervised by the State Department of Health; (2) clinics operated by the State Department of Mental Hygiene; and (3) clinics under contract with or operated by community mental health boards. Inasmuch as petitioner does not qualify under one of these categories, it is ineligible to receive Medicaid payments or reimbursement for the psychiatric clinic care it rendered. This is so even though petitioner may be properly licensed to perform those services and may be entitled to reimbursement for other services furnished Medicaid patients.

Finally, we express "no opinion as to petitioner’s corporate

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status. Respondents did not put corporate status in issue, as they failed to deny petitioner’s allegation relating thereto.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.