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

A team of Hodgson Russ attorneys achieved a speedy and successful resolution for a clinical laboratory with an Article 78 proceeding against DOH and OMIG, which had denied the laboratory’s application to enroll as a Medicaid provider on the basis of an unpublished DOH laboratory density policy. Our client brought suit, and OMIG and DOH offered to settle the matter, on the strength of the submissions and without filing a response, by approving our client’s application for enrollment in the Medicaid program. Due to the team’s successful efforts, the client may now offer its important laboratory services to practitioners serving Medicaid recipients in New York.