Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 24, 2010 in a proceeding pursuant to CPLR article 78.
The opinion of the court was delivered by: Martoche, J., J.
Matter of Matter of Koch v Sheehan
Appellate Division, Fourth Department
Decided on March 23, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.
The judgment granted the petition.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Respondent, the New York State Medicaid Inspector General, appeals from
a judgment granting the CPLR article 78 petition, thereby vacating respondent's determination excluding
petitioner from participating in the New York State Medicaid Program and reinstating petitioner retroactively
to March 10, 2010 as a participating physician in the Medicaid Program. We are called upon to consider for the
first time the scope of the authority of the Office of the Medicaid Inspector General (OMIG) insofar as it relates to
physician conduct not involving Medicaid patients.
The Department of Health (DOH) is the state agency responsible for administering the state's Medicaid Program (see Social Services Law § 363-a; 18 NYCRR 504.1 [d] ). Within the DOH, the OMIG was established in 2006 as an independent entity responsible for detecting and preventing fraud, waste, and abuse in the Medicaid Program (Public Health Law §§ 30, 30-a, 31, 32). Among other things, respondent is authorized to exclude enrolled health care providers from the Medicaid Program (see § 32 ), and to "perform any other functions that ...