Judgment Affirmed For New York DOH In Dispute Over Nursing Home Deficiency

(March 11, 2024, 1:03 PM EDT) -- ALBANY, N.Y. — A New York appellate court affirmed a lower court order that dismissed a nursing home’s declaratory judgment suit against the New York Department of Health (DOH), seeking to declare as null and void a statement of deficiency (SOD) issued against the nursing home for failing to provide medical records requested by a resident’s daughter within the two-day time frame required by federal regulations, finding that the lower court’s ruling was “not arbitrary and capricious.”...

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