Matter of People Care Inc. v City of N.Y. Human Resources Admin, 36 NY3d 1088 (2021)

2021 NY Slip Op 01834 [36 NY3d 1088]
March 25, 2021
Court of Appeals

[*1]

In the Matter of People Care Incorporated, Doing Business as Assisted Care, Respondent,
v
City of New York Human Resources Administration et al., Appellants.

Argued February 9, 2021; decided March 25, 2021

Matter of People Care Inc. v City of N.Y. Human Resources Admin., 175 AD3d 134, reversed.

{**36 NY3d at 1089} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division for consideration of issues raised but not determined on the appeal to that Court.

For the reasons stated in the dissenting opinion below (Matter of People Care Inc. v City of N.Y. Human Resources Admin.,{**36 NY3d at 1090} 175 AD3d 134, 147-152 [1st Dept 2019, Richter, J.P., dissenting]), we conclude that the funds for personal care services paid to petitioner People Care Inc. under the Health Care Reform Act (Public Health Law § 2807-v [1] [bb] [i], [iii]) are Medicaid funds subject to the audit and recoupment authority of the City of New York Human Resources Administration (HRA) in accordance with the parties’ 2001 contract. In light of our holding, we do not address HRA’s contentions regarding whether petitioner must follow the contractual dispute resolution procedures or the merits of HRA’s recoupment demand, issues that were not decided by the Appellate Division.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

Order reversed, with costs, and matter remitted to the Appellate Division, First Department, for consideration of issues raised but not determined on the appeal to that Court, in a memorandum.