Hamburg v. McBarnette

635 N.E.2d 1225, 83 N.Y.2d 726, 613 N.Y.S.2d 355, 1994 N.Y. LEXIS 1285
CourtNew York Court of Appeals
DecidedJune 14, 1994
StatusPublished
Cited by2 cases

This text of 635 N.E.2d 1225 (Hamburg v. McBarnette) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamburg v. McBarnette, 635 N.E.2d 1225, 83 N.Y.2d 726, 613 N.Y.S.2d 355, 1994 N.Y. LEXIS 1285 (N.Y. 1994).

Opinion

OPINION OF THE COURT

Smith, J.

The issue in this case is whether the determination of the State Department of Health (State DOH), denying State aid reimbursement to the New York City Department of Health (City DOH) for certain public health services that were contracted-out to other City agencies, was arbitrary and capricious.

In 1986, the Legislature enacted, effective January 1, 1988, a new article 6 of the Public Health Law (L 1986, ch 901) "to increase State assistance for public health and to encourage enhanced local public health activities” (Governor’s Mem approving L 1986, ch 901, 1986 NY Legis Ann, at 367). The new legislation was designed to assist localities in providing specific health care needs. The legislation was designed to [729]*729support and increase the level of funding and oversight for such programs but not to supplant such funding.

The new article 6 governs State reimbursement for local public health services and establishes new procedures for State review of those services to determine eligibility for reimbursement. A municipality is required, among other things, to submit to the State DOH an application for State aid, a municipal public health services plan and a detailed report of all expenditures on public health services funded by the State (see, Public Health Law § 600). The municipality is also required to employ a Commissioner of Health to supervise the provision of public health services (see, id.; § 604). The application for State aid must include an organizational chart of the municipal health agency, a detailed budget of proposed expenditures, a description of proposed program activities, a copy of the municipal public health services plan and a certification from a governing body of the municipality that the proposed expenditures are consistent with the plan (see, Public Health Law § 601).

The purpose of the municipal health services plan must be to "maintain and improve the health status of [the] residents [of the municipality], maintain and improve the accessibility and quality of health care, and assist in containing the costs of the health care system” (Public Health Law § 602 [2] [b]). Services that promote the public health of the residents of the municipality and, thus may be incorporated in the plan, include (1) family health, (2) disease control, (3) health education and guidance, (4) community health assessment, and (5) environmental health (see, Public Health Law § 602 [3] [b]). The plan must include, at a minimum, an estimate and description of the immediate and long-term needs for public health services in the municipality, a statement and description of the public health objectives of the municipality, a description of the programs for achieving those goals, a projected two-year plan for expenditures necessary to implement the programs, a general description of available health services, the number of staff people required to provide the necessary services, a fee and revenue plan and evidence that the governing body of the municipality has adopted the plan as a basis for the municipality’s public health activities (see, Public Health Law § 602).

The State DOH is authorized to promulgate rules and regulations that define the activities within each of the five [730]*730public health service categories (see, Public Health Law § 602 [3] [b]). In addition, the State DOH may withhold State aid reimbursement if the municipality does not render services jn conformance with the rules or regulations or with the statutory provisions regarding State aid reimbursement (see, Public Health Law § 603 [2]).

Effective January 1, 1988, the State DOH promulgated regulations implementing the new provisions of the Public Health Law (see, 10 NYCRR 40-1.0 et seq.). The regulations require municipalities to apply annually for State aid reimbursement (10 NYCRR 40-1.0), to biennially submit a municipal public health service plan (10 NYCRR 40-1.10), and to specify the programs and services in the plan that are eligible or ineligible for State aid reimbursement (10 NYCRR 40-1.52, 40-1.53). Pursuant to the regulations, public health services rendered under contract with municipalities are eligible for reimbursement (10 NYCRR 40-1.52 [d]), provided that the Commissioner of Health maintains "supervision” of those services (10 NYCRR 40-1.30 [b] [1]). However, the cost of programs or services for which municipalities have been given legal responsibility is ineligible for reimbursement (see, 10 NYCRR 40-1.53 [p]).

On April 23, 1990, the City DOH submitted its municipal health services plan for fiscal years 1991 and 1992 to the State DOH. The plan included certain public health services that were provided through contracts with other City agencies, including the New York City Health and Hospitals Corporation (City HHC), the New York City Department of Environmental Protection (City DEP), and the New York City Department of Housing Preservation and Development (City HPD). The plan also included a description of the public health services furnished by these agencies. The services provided by the City HHC included public health clinics providing assistance in family planning, prenatal care, child care, screening and treatment of sexually transmitted diseases, screening, counseling and treatment of HIV-infected citizens, and the coordination of emergency medical services. The City HPD provided lead paint inspections, and the City DEP supplied emergency responses to the presence of hazardous materials. Pursuant to the contracts, the City DOH required the City agencies to submit detailed quarterly financial reports itemizing the applicable expenses incurred by the agencies during the previous three months. In addition, the City DOH assigned members of its staff to review and audit the financial reports.

[731]*731On August 31, 1990, the City DOH submitted applications for State aid reimbursement for services totalling $77,474,254 provided pursuant to its submitted plan. The State DOH approved reimbursement for $68,500,946 and rejected payment for $8,973,311, which represented the cost of public health services provided by the City HHC, the City DEP and the City HPD. The State DOH asserted, without elaboration, that the cost associated with the services provided by the City agencies was "determined ineligible for state aid reimbursement.”

Petitioners, collectively referred to as the City DOH, commenced this CPLR article 78 proceeding challenging the State DOH’s decision to deny the $8,973,311 in State aid reimbursement. Supreme Court dismissed the petition, concluding, inter alla, that the State DOH acted within its statutory mandate in denying reimbursement, because "[the] City agencies act as independent entities and are subject to the supervisory control of their respective agency heads.” The court also rejected the claim that the City agencies were not "legally responsible” for the services at issue. The Appellate Division reversed, on the law, and granted the petition, stating that the agencies involved were not required by law to provide the services in question, and that the City DOH maintained sufficient supervision over the contracted-out services to entitle it to reimbursement (195 AD2d 275). This Court granted leave to appeal (82 NY2d 659).

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Bluebook (online)
635 N.E.2d 1225, 83 N.Y.2d 726, 613 N.Y.S.2d 355, 1994 N.Y. LEXIS 1285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamburg-v-mcbarnette-ny-1994.