The New York City Office of Home Care (NOHC) has resumed sending out notices of intent related to PERS (Personal Emergency Response Services). Previously, the NOHC, acting in accordance with directives pursuant to DeLuca et. al v. Hammons and Wing, had been withdrawing all outstanding notices pertaining to reductions of home care hours for clients with PERS devices. Since June, 1997, the Office of Administrative Hearings (OAH) has processed agency withdrawals on NOHC PERS-related issues by issuing Dispositions of Fair Hearing rather than scheduling hearings. (See OAH Transmittal 97-20).
As the agency is now making individual assessments and notifying clients of anticipated action, OAH Communications Intake staff should expect to process new requests pursuant to the actions indicated on the attached Notice of Decision to Authorize, Reauthorize, Deny or Discontinue Personal Emergency Response Services (PERS).
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