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Second Circuit Holds that Medicaid Eligibility Must Be Determined Within 90 Days of a Fair Hearing Request
26 Dec, 2020
Second Circuit Holds that Medicaid Eligibility Must Be Determined Within 90 Days of a Fair Hearing Request Based on its December 23, 2020 Opinion, the U.S. Court of Appeals for the Second Circuit unanimously affirmed that portion of the District Court's Judgment that "final administrative action...
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Second Circuit To Hear Oral Argument on September 25, 2020 in Lisnitzer v Zucker
23 Sep, 2020
On Friday morning, September 25, 2020, a three judge panel of the U.S. Court of Appeals for the Second Circuit will hear oral argument in New York State's appeal of the judgment in Lisnitzer v Zucker, 19-470. On January 26, 2018, Judge Leonard D. Wexler of the Eastern District of New York...
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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. Judgment, which was finally entered on February 1,...
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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...
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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...
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Which Administrative Law Judge (ALJ) Will Conduct My Fair Hearing?
by Gene Doyle, LMSW At the top right hand corner of the Notice of Fair Hearing (OAH-457), i.e., the scheduling notice, there is a three digit code,...
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14 Sep, 2021
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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...
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15 Mar, 2021
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OAH Transmittals
by Gene Doyle, LMSW The Office of Administrative Hearings (OAH) has begun to issue a new type of communication simply called OAH Transmittals....
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15 Mar, 2021
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Summary of Formal Requests for Reconsideration or Rehearing of Administrative Appeals
by Gene Doyle, LMSW State Fair Hearing regulations authorize the issuance of corrected decisions where there is a production error or an error of...
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23 Feb, 2021
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Annual Statistics of Fair Hearing Issues Decided by Outcome Reasons on a Statewide and Local Social Services District Basis
by Gene Doyle, LMSW These annual statistics were obtained from the New York State Office of Temporary and Disability Assistance (OTDA) through the...
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23 Feb, 2021
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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...
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30 Aug, 2020
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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)...
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30 Aug, 2020
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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...
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31 Aug, 2020
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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...
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18 May, 2018
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Disclaimer
Disclaimer This Fair Hearing Resources website is designed to provide accurate and authoritative information in regard to the subject matter...
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23 Jan, 2016
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