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News
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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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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...
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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...
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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...
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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...
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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...
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