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Open-Ended Remands in Medicaid-Related Fair Hearing Decisions Violate Federal Law
30 Jan, 2018
On January 26, 2018, Judge Leonard D. Wexler granted statewide class certification and concluded that Medicaid-related Fair Hearing Decisions, which contain open-ended remands to a local agency, violate an appellant's right to a timely decision. New York's Open-Ended Medicaid Remand Policy...
Number of OTDA Fair Hearing Decisions Continues Downward Trend
02 Jan, 2018
Based on the redacted decisions available on OTDA's Fair Hearing Decision Archive, the numbers of monthly and annual Fair Hearing Decisions continue to decline for the third straight year. In 2014, OTDA issued a record-breaking 117,605 Fair Hearing Decisions. In 2017, the number of decisions...
New York State Permanently Enjoined from Dismissing Medicaid Related Fair Hearing Without Sending Post-Default Inquiry Letter
08 Apr, 2017
On March 29, 2017, Judge Joseph F. Bianco permanently enjoined the New York State Department of Health (DOH) and New York State Office of Temporary and Disability Assistance (OTDA) "from dismissing administrative appeals of defaulting Medicaid appellants who are not given at least ten (10) days to...
OAH Procedures Transmittal 16-08
08 Jul, 2016
On July 7, 2016, the New York State Office of Temporary and Disability Assistance (OTDA) issued OAH Procedures Transmittal 16-08, entitled "Rafferty v. Doar Alternative Format Documents." This important transmittal explains that "In March, 2013, a class of New York City residents who were blind...
OAH Procedures Transmittal 16-05
07 Jul, 2016
On June 14, 2016, the New York State Office of Temporary and Disability Assistance (OTDA) issued OAH Procedures Transmittal 16-05, entitled "Fair Hearing Decision Transmittal and Summary Page." In compliance with Governor Andrew M. Cuomo's Executive Order 26, signed October 6, 2011 [codified as...

Recent Articles
New York State of Health (NYSOH) Appeal Decisions
by Gene Doyle, LMSW Since January 1, 2014, the New York State Department of Health (DOH) has administered the New York State of Health (NYSOH), a...
18 May, 2018
OAH Policies and Interpretations
by Gene Doyle, LMSW The Office of Administrative Hearings (OAH) has issued various memoranda and e-mails to Administrative Law Judges (ALJs) [also...
28 Apr, 2018
Death of a Potential Appellant
by Gene Doyle, LMSW In a January 5, 2004 memorandum to ALJs, Deputy General Counsel for Administrative Hearings Russell J. Hanks set forth OAH...
28 Apr, 2018
Which Commissioner's Designee Decided My Fair Hearing?
by Gene Doyle, LMSW Social Services Law ยง 22[2] authorizes the Commissioner to designate "one or more appropriate members of his [sic] staff to...
26 Mar, 2018
OAH Procedures Transmittals
by Gene Doyle, LMSW The Office of Administrative Hearings (OAH) issues periodic instructions to its staff and to local social services districts on...
16 Mar, 2018


Most Viewed
Executive Order No. 131
by Gene Doyle, LMSW On December 4, 1989, Governor Mario M. Cuomo issued Executive Order No. 131, which requires every state agency responsible for...
26 Jan, 2016
Administrative Adjudication Plan of the New York State Department of Social Services (NYSDSS)
by Gene Doyle, LMSW In the January 30, 1991 edition of the New York State Register, the New York State Department of Social Services (NYSDSS)...
26 Jan, 2016
Biennial Reports
by Gene Doyle, LMSW Governor Mario Cuomo's Executive Order No. 131 requires state agency to file reports on their administrative adjudication plans...
10 Apr, 2017
New York State of Health (NYSOH) Appeal Decisions
by Gene Doyle, LMSW Since January 1, 2014, the New York State Department of Health (DOH) has administered the New York State of Health (NYSOH), a...
18 May, 2018
Disclaimer
Disclaimer This Fair Hearing Resources website is designed to provide accurate and authoritative information in regard to the subject matter...
23 Jan, 2016