The state Department of Health properly established rules that capped overhead costs for some childhood early intervention providers and sought to avoid conflicts of interest in child evaluations, a Brooklyn appellate court has ruled.

Reversing a lower court in a decision Wednesday, the Appellate Division, Second Department, said the agency did not exceed its authority and run afoul of the separation of powers doctrine when promulgating the “use of funds” rule and the “conflict of interest” rule.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]