Opinion
March 30, 1993
Appeal from the Supreme Court, New York County [Edward Greenfield, J.].
Enrollees in the Medicaid program are subject to retroactive audits for a period of six years and must keep legible records which will support the necessity for ordering the services and medications of patients ( 18 NYCRR 504.8, 517.3 [b] [2]; 515.2 [b] [6]). The petitioner did not have legible records in an on-site inspection of her office and claimed that she could not provide the relevant medical records for an audit period subsequent to the on-site inspection which led to the denial of her application for re-enrollment in the program following an appeal. Thus, the determination was supported by substantial evidence (see, Matter of Koh v. Perales, 173 A.D.2d 477).
Concur — Sullivan, J.P., Carro, Kupferman and Rubin, JJ.