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Article 78 Proceeding Ensures Client's Enrollment as a Medicaid Provider

A Hodgson Russ team achieved a speedy and successful resolution for a clinical laboratory licensed to operate in the State of New York with an end-of-the-year Article 78 proceeding against the New York State Department of Health (DOH) and the Office of the Medicaid Inspector General (OMIG). 

Notwithstanding the efficacy of our client’s services, OMIG denied its application to enroll as a New York Medicaid provider on the basis of an unpublished DOH laboratory density policy. Our client brought suit, and on the strength of our client’s papers and before filing an answer, OMIG and DOH offered to settle the matter by approving our client’s application for enrollment in the New York Medicaid program. Due to the team’s successful efforts, our client may now offer its important laboratory services to practitioners serving Medicaid recipients in New York.