Opinion
February 4, 1998
Present — Green, J. P., Hayes, Callahan, Balio and Fallon, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Substantial evidence supports the determination of respondent Commissioner of the New York State Department of Health that petitioner did not sustain its burden of proving that the involuntary transfer of respondent Edith Langeveld from its facility was necessary ( see, 10 NYCRR 415.3 [h] [2] [iii]). We reject the contention that the determination that Langeveld needs the services provided by petitioner ( see, 10 NYCRR 415.3 [h] [1] [a] [2]) was improperly based upon her classification under the Resource Utilization GROUP-II (RUG-II) methodology used to calculate Medicaid reimbursement rates ( see, 10 N.Y.CRR Appendix 13-A). In our view, the RUG-II classification and the detailed information in the Patient Review Instrument underlying that classification are relevant to the issue whether Langeveld needs nursing home services (see generally, New York State Assn. of Counties v. Axelrod, 78 N.Y.2d 158, 162; Matter of Teresian House Nursing Home Co. v. Chassin, 218 A.D.2d 250). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Monroe County, Fisher, J.)