Opinion
15020 Index No. 159410/17 Case No. 2020–03512
01-11-2022
In the Matter of NEW YORK HEALTH CARE, INC., Petitioner–Respondent, v. CITY OF NEW YORK HUMAN RESOURCES ADMINISTRATION, Respondent–Appellant, City of New York Office of Administrative Trials and Hearings Contract Dispute Resolution Board, Respondent–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.
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.
Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.
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 N.Y.3d 1088, 143 N.Y.S.3d 329, 167 N.E.3d 497 [2021] ).