DOH Files Appeal in CDPAP Case


Late in the day on Monday, November 11, HCP was notified that the Department of Health (DOH/the Department) appealed HCP’s successful trial level decision in the Article 78 proceeding challenging DOH’s rate setting in CDPAP.

At this time, filing the notice of appeal is all that the State has done. To complete the appeal, the Department will have to submit further information to the appellate court, followed by a legal brief outlining its arguments on appeal. HCP and the other Petitioners will then have the opportunity to file a legal brief in opposition to the appeal.

The Department has not asked to expedite the proceedings, nor has the Department asked for a preliminary injunction to stay the Albany County Supreme Court decision. This means that until the appeals court acts, the Albany County Supreme Court decision remains in effect.
As additional information becomes available, we will update our members.

For questions on CDPAP litigation, please contact HCP Vice President for Public Policy, Kevin Kerwin.