| Matter of New York Health Care, Inc. v City of N.Y. Human Resources Admin. |
| 2022 NY Slip Op 00132 [201 AD3d 474] |
| January 11, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of New York Health Care, Inc.,
Respondent, v City of New York Human Resources Administration, Appellant, and City of New York Office of Administrative Trials and Hearings Contract Dispute Resolution Board, Respondent. |
Georgia M. Pestana, Corporation Counsel, New York (Philip W. Young of counsel), for appellant.
Glaser & Weiner, P.C., Melville (Todd V. Lamb of counsel), for New York Health Care, Inc., respondent.
Frank Ng, New York, for Contract Dispute Resolution Board, respondent.
Judgment, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about July 24, 2020, annulling a determination of respondent Contract Dispute Resolution Board, dated June 26, 2017, that respondent Human Resources Administration (HRA) has the authority to audit and seek to recoup funds paid to petitioner pursuant to the Health Care Reform Act (Public Health Law § 2807-v) to the extent of remanding the matter to the Board for further proceedings, unanimously reversed, on the law, without costs, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed.
As petitioner acknowledges, the funds for personal care services paid to it under the Health Care Reform Act (Public Health Law § 2807-v) are subject to the audit and recoupment authority of HRA (see Matter of People Care Inc. v City of N.Y. Human Resources Admin., 36 NY3d 1088 [2021]). Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ. [Prior Case History: 2020 NY Slip Op 32421(U).]