Friedman v. Perales
Opinion of the Court
Plaintiffs Jack Friedman, et al., doing business as Franklin Nursing Home, a residential health care facility (“RHCF”) which was a Medicaid provider, appeal from a final judgment of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, summarily dismissing their complaint against New
We have considered all of plaintiffs’ contentions on this appeal and have found them to be without merit. Plaintiffs failed to show that there was any genuine issue of material fact with respect to the reimbursement rates for real estate costs. See Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). Such costs are but one component of the RHCF’s expenses. We agree with Judge Ward that “[t]he efficient cost standard of the Medicaid provisions requires only that RHCFs be reimbursed for the efficient cost of their operation, not that every component of reimbursable cost be compensated at an efficient rate.” Id. at 225. Accordingly, we affirm substantially for the reason stated in Judge Ward’s opinion, 668 F.Supp. at 224-25.
Judgment affirmed.
Reference
- Full Case Name
- Jack FRIEDMAN, Sidney Greenwald, and the Estate of Sandor Kolitch d/b/a Franklin Nursing Home v. Cesar PERALES, Commissioner of the State of New York Department of Social Services, and David Axelrod, M.D., Commissioner of the State of New York Department of Health
- Cited By
- 5 cases
- Status
- Published