Ambulance Ass'n of Greater New York, Inc. v. Grinker

Appellate Division of the Supreme Court of New York

Ambulance Ass'n of Greater New York, Inc. v. Grinker

165 A.D.2d 791, 564 N.Y.S.2d 279, 1990 N.Y. App. Div. LEXIS 11436

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 1990

StatusPublished

Cited by2 cases

This text of 165 A.D.2d 791 (Ambulance Ass'n of Greater New York, Inc. v. Grinker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ambulance Ass'n of Greater New York, Inc. v. Grinker, 165 A.D.2d 791, 564 N.Y.S.2d 279, 1990 N.Y. App. Div. LEXIS 11436 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (Burton Sherman, J.), entered September 7, 1989, which, in part, ordered respondent Commissioner of the New York City Human Resources Administration to negotiate with petitioner and other representatives of the ambulance industry to increase the fee reimbursement schedule for profit-making ambulance providers who service Medicaid patients in New York City, is unanimously affirmed, without costs and without disbursements, for the reasons stated by Burton Sherman, J.

The court properly compelled the Commissioner of the Human Resources Administration of the City of New York [792]*792(HRA) to perform his obligation under State regulation to negotiate a Medicaid ambulance reimbursement rate in good faith. 18 NYCRR 505.10 (c) (1) provides that reimbursement for transportation services shall not exceed the "lower” of the current local prevailing charge or locally negotiated fee. Additionally, the Medicaid Management Information System Manual (Medicaid Manual), a guide to participating Medicaid providers, under section 2.2.7, provides that "ambulance * * * [f]ees may be negotiated by [New York City] officials”. Thus, the general thrust of the applicable regulation and Medicaid Manual is that a fee must be negotiated in good faith.

Here, HRA met with petitioner Ambulance Association of Greater New York, Inc. (AAGNY) once and purportedly without discussion offered a percentage increase which was rejected by petitioner. HRA, at this point, refused to enter into further negotiations without first conducting a cost analysis of services provided by Medicaid participants. On the basis of this record, the court properly found that HRA failed to comply with its required ministerial task of negotiating in good faith.

HRA also challenges AAGNY’s standing, as an organization, to bring the instant petition on behalf of ambulance companies which provide services to Medicaid recipients. We have reviewed the petition and verified petition and find the pleadings sufficient to establish that AAGNY is an appropriate organization to act on behalf of its membership, which includes ambulance companies that provide transportation services to Medicaid recipients (see generally, Matter of Dental Socy. v Carey, 61 NY2d 330).

Concur — Murphy, P. J., Sullivan, Carro and Milonas, JJ.

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Judgment, Supreme Court, New York County (Burton Sherman, J.), entered September 7, 1989, which, in part, ordered respondent Commissioner of the New York City Human Resources Administration to negotiate with petitioner and other representatives of the ambulance industry to increase the fee reimbursement schedule for profit-making ambulance providers who service Medicaid patients in New York City, is unanimously affirmed, without costs and without disbursements, for the reasons stated by Burton Sherman, J.

The court properly compelled the Commissioner of the Human Resources Administration of the City of New York [792]*792(HRA) to perform his obligation under State regulation to negotiate a Medicaid ambulance reimbursement rate in good faith. 18 NYCRR 505.10 (c) (1) provides that reimbursement for transportation services shall not exceed the "lower” of the current local prevailing charge or locally negotiated fee. Additionally, the Medicaid Management Information System Manual (Medicaid Manual), a guide to participating Medicaid providers, under section 2.2.7, provides that "ambulance * * * [f]ees may be negotiated by [New York City] officials”. Thus, the general thrust of the applicable regulation and Medicaid Manual is that a fee must be negotiated in good faith.

Here, HRA met with petitioner Ambulance Association of Greater New York, Inc. (AAGNY) once and purportedly without discussion offered a percentage increase which was rejected by petitioner. HRA, at this point, refused to enter into further negotiations without first conducting a cost analysis of services provided by Medicaid participants. On the basis of this record, the court properly found that HRA failed to comply with its required ministerial task of negotiating in good faith.

HRA also challenges AAGNY’s standing, as an organization, to bring the instant petition on behalf of ambulance companies which provide services to Medicaid recipients. We have reviewed the petition and verified petition and find the pleadings sufficient to establish that AAGNY is an appropriate organization to act on behalf of its membership, which includes ambulance companies that provide transportation services to Medicaid recipients (see generally, Matter of Dental Socy. v Carey, 61 NY2d 330).

Concur — Murphy, P. J., Sullivan, Carro and Milonas, JJ.

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165 A.D.2d 791, 564 N.Y.S.2d 279, 1990 N.Y. App. Div. LEXIS 11436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ambulance-assn-of-greater-new-york-inc-v-grinker-nyappdiv-1990.

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