Posted by: Robert Markette
December 13, 2005

In a recent Medicaid recoupment appeal, a New York court ruled that the State Medicaid agency improperly continued to recoup funds from a provider, because it failed to provide a hearing within ninety days as required by state law.  Under New York law, the Medicaid agency may begin recouping funds prior to a hearing, but must then hold the hearing within ninety days or stop recouping the funds.  Matter of Visiting Nurse Service of N.Y. Home Care v. New York State Department of Health, 2005 WL 3091164 (N.Y.) (N.E. reports citiation not available.)

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