These revised instructions are for Department of Health (DOH) Program representatives in requesting, pursuant to 18 NYCRR ยง 358-4.3(c)(1), a waiver of personal appearance at an administrative hearing, involving such issues as clients' requests for prior approval for such items as Licensed Private Duty Nursing, Out-of State Services, Dental Care, Physical Therapy, and Durable Medical Equipment.
The original waiver request and evidentiary packet must be mailed or faxed to the OAH Albany office. For telephone hearings, DOH must also mail a copy of the evidence packet to appellants and/or their representatives even when not requested.
Where a waiver of appearance has been granted, the ALJ may require the testimony of the DOH representative at the time of the hearing. Accordingly, DOH must provide the names and telephone numbers of a primary contact person and a back-up contact who must be available during the course of the hearing to accept a telephone call from the ALJ.
|
