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
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).
Department of Health Bureau of Adjudication State Administrative Procedures Act index
Series Number
B2917
Summary
This series serves as an index to Series 17373, Department of Health Adjudication Case Files. The index is in chronological order by year and therein alphabetical by case name. It provides the case name, document type, date signed or served, and document number.
Creator
New York (State). Department of Health. Bureau of Adjudication
Access Restrictions
Certain data in these indexes is exempt from disclosure under state and/or federal law. State Archives staff will review requests for specific data and disclose in accordance with New York State Freedom of Information Law (FOIL).