New York Court of Appeals March 25, 1999 (Kuppersmith v. Dowling)

OPINION OF THE COURT

Wesley, J.

This appeal challenges regulations and procedures of the New York State Department of Social Services (DSS) concerning home care services authorized under the Medicaid program. Petitioners sued DSS and the New York City Human Resources Administration, arguing that the regulation governing the treating physician’s order for home care services (18 NYCRR 505.