From Casetext: Smarter Legal Research

Aziz v. Perales

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1991
170 A.D.2d 284 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

Appeal from the Supreme Court, New York County (Leonard N. Cohen, J.).


Pursuant to 18 N.Y.CRR part 504, petitioner-physician was required to submit an application for reenrollment as a medicaid provider. That application was denied, citing various deficiencies, including overutilization of services, inadequate record keeping, inadequate medical office cleanliness and inadequate equipment maintenance. In accordance with 18 NYCRR 504.5 (b), petitioner received written notice of the denial by letter dated February 2, 1988. Petitioner timely exercised the right under 18 NYCRR 504.5 (e) to appeal the denial. By letter dated July 29, 1988, the respondent affirmed the denial and advised the petitioner that termination from the program would be effective as of August 18, 1988. The Supreme Court granted the petition to annul the determination of the Department of Social Services, finding 18 NYCRR 504.7 (b) controlling and requiring a hearing in accordance with 18 N.Y.CRR part 515 (see, 18 NYCRR 515.2, 515.6 [b] [2]) because deficient or unacceptable practices are synonymous within the context of parts 504 and 515.

The regulations governing this case are found in 18 NYCRR 504.5 and 504.7 (a), encompassing denial of reenrollment in the medicaid program and not in 18 NYCRR 504.7 (b) and part 515. (See, Matter of Barata v Perales, 157 A.D.2d 623 [1st Dept 1990]; see also, Matter of GS Pharmacy v Perales, 151 A.D.2d 668 [2d Dept 1989], lv denied 74 N.Y.2d 612.) 18 NYCRR 504.5 requires written notice of the denial and gives the applicant the right to appeal the denial and receive a written determination of that appeal. Petitioner was afforded those rights. Accordingly, we reverse the determination of the IAS court.

Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.


Summaries of

Aziz v. Perales

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1991
170 A.D.2d 284 (N.Y. App. Div. 1991)
Case details for

Aziz v. Perales

Case Details

Full title:In the Matter of ADEL AZIZ, Respondent, v. CESAR PERALES, as Commissioner…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 19, 1991

Citations

170 A.D.2d 284 (N.Y. App. Div. 1991)
566 N.Y.S.2d 15