New York State Department of Health Bureau of Adjudication Adjudication Case Files 17373

New York State Department of Health Bureau of Adjudication Adjudication Case Files

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Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:

The files in this series document administrative proceedings that Department of Health program units or the Bureau of Administrative Hearings are not able to settle without a hearing. Cases involve sanitary code conditions, Medicaid, professional medical conduct, nursing home discharges/transfers, emergency medical services, WIC benefits, and patient abuse. Files include hearing transcripts, motions, intermediate rulings, proposed findings and exceptions, and orders rendered. Series also contains index files that include summary of proceedings, findings of fact, and transcripts for every case that is heard by the judges.

Creator:

New York (State). Department of Health. Bureau of Adjudication

Title:

Department of Health adjudication case files

Quantity:

1148 cubic feet

Inclusive Dates:

1990-2008, 2013

Series Number:

17373

Arrangement

Unarranged

Administrative History

The Bureau of Adjudication conducts all administrative proceedings that either the Department of Health program units or the Bureau of Administrative Hearings are not able to settle without a hearing. The bureau falls under the auspices of the Division of Legal Affairs, which is overseen by the State Health Commissioner's office. Administrative law judges preside at all hearings and prepare comprehensive reports which are passed on to final decision makers which can include the commissioner or his designee, in addition to entities including the Board of Examiners of Nursing Home Administrators or the Public Health Council.

Scope and Content Note

This series consists of case files of the New York State Department of Health's Bureau of Adjudication. Adjudication cases can involve sanitary code conditions, Medicaid, professional medical conduct, nursing home discharges/transfers, emergency medical services, WIC benefits, and patient abuse. Adjudication case files include hearing transcripts, motions, intermediate rulings, proposed findings and exceptions, and orders rendered. Additionally, this series contains index files that include summary of proceedings, findings of fact, and occasional transcripts for every case that is heard by the judges. These files are created in compliance with State Administrative Procedure Act (SAPA), Article 3, Section 307, which requires agencies to maintain an index to administrative hearings.

Related Material

B2917 Department of Health Bureau of Adjudication State Administrative Procedure Act Case Files, serves as an index to this series.

Other Finding Aids

Available at Repository

17373-13A, 17373-15: Partial folder list is available at the repository.

17373-20: Folder list is available at the repository.

17373-19B, 17373-21: Transfer lists are available at the repository.

Acquisition Information

17373-13: This accretion includes records from transfer lists 98-84, 98-112, 99-53, 99-54, 00-06, 00-06A, 01-23, and 01-25.

17373-13A: This accretion includes records from transfer lists 020013, 020014, 030072, and 030073.

17373-14: This accretion includes records from transfer list 040013.

17373-14A: This accretion includes records from transfer list 040032.

17373-15: This accretion includes records from transfer lists 930254, 950027, 950078, 980111, 980113, and 050001.

This series is now transferred to the State Archives under records disposition numbers 22534 and 22535.

17373-15A: This accretion includes records from transfer lists 050030, 050031, and 050039.

17373-16: This accretion includes records from transfer list 050081.

17373-17: This accretion includes records from transfer list 070001.

17373-18: This accretion includes records from transfer list 940053.

17373-19: This accretion includes records from transfer lists 080005 and 080006.

17373-19A: This accretion includes records from transfer list 090014.

17373-19B: This accretion includes records from transfer lists 050081, 070001, 080005, 990054.

17373-20: This accretion includes records from transfer list 050032.

17373-21: This accretion includes records from transfer list 100055.

17373-23: This accretion was transferred under RDA 22534 and includes records from transfer list 130047.

Access Restrictions

Case files of investigations of professional medical conduct: charge must be disclosed if a committee of the State Board for Professional Medical Conduct concurred that a hearing was warranted and the committee voted unanimously to make the charge public; the subsequent findings, conclusions, determinations and final order must be disclosed. See Public Health Law section 230.10(a)(iv) and 230.10(d). Related investigation files are confidential and are not disclosable. See Public Health Law section 230.10(a)(v). Other materials in the files that are exempt from disclosure include privileged attorney-client communications and attorney work product or material prepared for litigation, under Civil Practice Law and Rules section 3101(b) and (c); and inter- or intra-agency materials with certain exceptions, under FOIL sect. 87.2(g).

All case files: disclosable under the Freedom of Information Law (FOIL, Public Officers Law Art. 6), except for materials that are exempt from disclosure by FOIL section 87.2(a) ("specifically exempted from disclosure by state or federal statute"), section 87.2(b) (disclosure would result in an "unwarranted invasion of personal privacy"), and section 87.2(g) (intra- and inter-agency materials, with certain exceptions).