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Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr.

Fordham Urban Law Journal

In this case note, Leonard J. Morreale, Jr. analyzes Peninsula General Nursing Home v. Sugarman, 57 App. Div. 2d 268, 394 N.Y.S.2d 644 (1st Dep't 1977). Jacob Stupler, an alleged indigent, was enrolled in the federal Medicare program which reimbursed the petitioner, Peninsula General Nursing Home, for the cost of medical care and services rendered to him. When federal benefits were terminated, petitioner promptly applied for Medicaid coverage on behalf of Mr. Stupler pursuant to the New York State Medical Assistance for Needy Persons Plan. The Social Services Department of the City of New York denied the application because Mr. …