Court of Appeals of New York

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Koch v. Sheehan, 153

The Office of the Medicaid Inspector General (OMIG) is authorized to remove a physician from New York's Medicaid program in reliance solely on a consent order between the physician and the Bureau of Professional Medical Conduct (BPMC), regardless of whether BPMC chooses to suspend the physician's license or OMIG conducts an independent investigation. However, here, OMIG's determination to remove petitioner-physician was arbitrary and capricious because OMIG did not explain why the BPMC consent order in this case caused it to exercise its discretion to exclude petitioner-physician from the Medicaid program.

Appellate Information

  • Decided 10/22/2013
  • Published 10/22/2013


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