Summary
finding that local commissioner could not challenge decision of State commissioner with respect to recipients' right to medicaid benefits because federal law requires that medicaid be administered by a single state agency and federal regulations "provide that a local agency must not have authority to review, change or disapprove the decision of the single state agency"
Summary of this case from Meachem v. WingOpinion
June 30, 1986
Appeal from the Supreme Court, Rockland County (Gurahian, J.).
Order and judgment affirmed, without costs or disbursements.
The petitioner, the Rockland County Commissioner of Social Services (hereinafter the Rockland commissioner) asserts that he has standing to seek review of a determination of the State commissioner pursuant to Social Services Law § 22 (9) (b). Social Services Law § 22 (9) (b) was amended to empower a local social services official aggrieved by a determination of the State commissioner after a fair hearing to apply for review pursuant to CPLR article 78 unless otherwise precluded by Federal Law (see, L 1978, ch 473, § 2). Federal statutory law requires that the medical assistance program at issue here must be administered by a single State agency (see, 42 U.S.C. § 1396a [a] [5]), and the applicable Federal regulations provide that a local agency must not have authority to review, change or disapprove the decision of the single State agency (see, 42 C.F.R. § 431.10 [b] [1], [2] [ii]; [e] [3]). Hence, the mandate of Federal law precludes the instant challenge by the Rockland commissioner, or the political subdivision which he represents (see, Matter of Beaudoin v. Toia [Jorczak], 45 N.Y.2d 343; Matter of Romano v. Perales, 110 A.D.2d 1028, affd 67 N.Y.2d 848 for reasons stated in the mem at App. Div.). Lazer, J.P., Gibbons, Niehoff and Kunzeman, JJ., concur.