Matter of Tomei v McDonald

Holding The court confirmed the Commissioner of Health’s denial of reimbursement for out-of-pocket personal care expenses because 18 NYCRR 360-7.5 limits reimbursement to errors or delays in eligibility determinations, not failures to provide authorized services. The agency’s interpretation was rational and consistent with the plain language of the regulation, which does not cover service delivery shortages.

The court’s words

reimbursement is tied to errors or delays in eligibility determinations, not to errors or delays in delivery of authorized services

252 AD3d 228, at the official text

the mere assertion of a due process violation does not excuse petitioner from pursuing available administrative remedies

252 AD3d 228, at the official text