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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...
OAH Procedures Transmittal 16-06
02 Jul, 2016
On July 1, 2016, the New York State Office of Temporary and Disability Assistance (OTDA) issued OAH Procedures Transmittal 16-06, entitled "Review of Disqualification Consent Agreement (DCA) and New Issue codes 170 and 443." This transmittal addresses a change in policy concerning jurisdiction to...
OAH Procedures Transmittal 16-04
06 Jun, 2016
On June 3, 2016, the New York State Office of Temporary and Disability Assistance (OTDA) issued OAH Procedures Transmittal 16-04, entitled Ramirez - Language Access Insert with Correspondence, to its Office of Administrative Hearings (OAH) staff, including all Hearing Officers, and to local social...
New York State of Health (NYSOH) Appeal Decisions Will Soon Be Available Online
29 May, 2016
By letter dated May 24, 2016, the New York State Department of Health (DOH) announced that redacted copies of New York State of Health (NYSOH) appeal decisions will soon be posted online "in a manner similar to the Fair Hearing Decision Archive administered by the Office of Temporary and...
SNAP Appellants Are Entitled to a Fair Hearing Adjournment Without Having to Establish Good Cause
13 May, 2016
On April 27, 2016, the New York State Office of Temporary and Disability Assistance (OTDA) issued OAH Procedures Transmittal 16-03 to announce that: "Effective immediately and in accordance with federal regulation 7 CFR 273.15(c)(4) governing the postponement of Fair Hearings involving the...
Fishman Injunction Now in Effect
14 Apr, 2016
On April 13, 2016, OTDA issued OAH Procedures Transmittal 16-02 to all OAH staff, Hearing Officers, Supervisory Hearing Officers and social services districts to announce the implementation of the statewide preliminary injunction in Fishman v Daines, 09-CV-5248 (E.D.N.Y. March 4, 2016, corrected...
Fishman Preliminary Injunction Must Be Implemented by April 11, 2016
12 Mar, 2016
On March 10, 2016, a Preliminary Injunction was issued following the recent Memorandum and Order issued in Fishman v Daines, 09-CV-5248 (E.D.N.Y. March 4, 2016). "Defendants are preliminarily enjoined from dismissing administrative appeals of defaulting Medicaid appellants who are not given at...
State Enjoined from Dismissing Defaulted Medicaid Fair Hearings Absent Inquiry
05 Mar, 2016
The New York State Office of Temporary and Disability Assistance (OTDA) and the New York State Department of Health (DOH) have been "preliminarily enjoined from dismissing administrative appeals of defaulting Medicaid [appellants] who are not given at least 10 days to respond to a written notice...

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