In a Memorandum decision, the Supreme Court of New York, Appellate Division, Fourth Department, held that a nursing home may bring a plenary action in its own right against the agency designated to declare Medicaid eligibility. A transfer of resources penalty of 11.74 months had been imposed and the nursing home sought a declaratory judgment or money damages for expenses it allegedly incurred providing care to the resident during that period. “In such a plenary action, the facility is ‘not bound by the patient’s failure to request an administrative appeal of the local agency’s denial of medical assistance” or “by the four-month Statute of Limitations contained in CPLR 217.'”

VDRNC, LLC v Merrick, 191 A.D.3d 1430 (NY AP, 4th 2021)
Decided 2/11/2021