Tentative Classification Standards issued by the Division of Classification & Compensation are shared with the operating agencies of State government for their consideration and comment. Accordingly, this document that you are viewing is subject to change and will be issued in final form at the completion of the review period.

TENTATIVE

 

Occ. Code 6515300

 

HEALTH HEARING EXAMINER, GRADE 28

 

 

New York State Department of Civil Service

 

Classification Standard

 

BRIEF DESCRIPTION OF CLASS

 

            Positions in this title preside at administrative adjudicatory hearings conducted by the Department of Health (DOH).  These hearings include discipline of physicians (Professional Medical Conduct),   WIC Program Eligibility and Discipline, Emergency Medical Services (EMS) Need, EMS Discipline, Emergency Medical Technician Discipline, Nursing Home Discharge Appeals, Medicaid Audit and Fraud cases, EPIC Program Eligibility, Early Intervention, Clinical Laboratories, Adult Homes, proposed construction and establishment application disapprovals, patient protection, and quality of patient/resident care hearings across the State.  At hearings involving the discipline of physicians, incumbents work with a three member panel from the Board for Professional Medical Conduct (BPMC) consisting of two physicians and one lay member of the State Board for Professional Medical Conduct, maintain an orderly examination of the issues and witnesses; rule on legal motions, and draft the panels final decision.  In cases involving EMS, patient protection, controlled substance violations, construction establishment and clinical laboratories, incumbents prepare a written report to the Commissioner of Health or other final decision makers in the Department which includes findings of fact, conclusions of law and recommendations for disposition of the case. 

 

            The Health Hearing Examiner acts as the final decision maker and renders the final agency decision in proceedings under the Social Services Law and Title 18NYCRR such as Medicaid Audits, Medicaid Fraud and Abuse, and Adult Home cases.  The Health Hearing Examiners also act as final decision maker in Early Intervention, Sanitary Code, and Nursing Home discharge hearings.

 

            These positions are classified only at DOH.

 

DISTINGUISHING CHARACTERISTICS

 

            HEALTH HEARING EXAMINER:  advanced performance level; preside at administrative adjudicatory hearings involving the discipline of physicians (Professional Medical Conduct),   WIC Program Eligibility and Discipline, Emergency Medical Services (EMS) Need, EMS Discipline, Emergency Medical Technician Discipline, Nursing Home Discharge Appeals, Medicaid Audit and Fraud cases, EPIC Program Eligibility, Early Intervention, Clinical Laboratories, Adult Homes, proposed construction and establishment application disapprovals, patient protection, and quality of patient/resident care hearings across the State.  The Health Hearing Examiner functions as an independent decision maker.

 

RELATED CLASSES

 

            Hearing Officers preside at quasi-judicial or administrative hearings which are of an adversarial nature concerning the resolution of issues of fact, law and regulatory practice. They conduct hearings; issue subpoenas; evaluate evidence for admission or exclusion; administer oaths and affirmations, rule on all motions, and do all acts and take all measures necessary, but not otherwise prohibited, for the maintenance of order and the efficient conduct of the hearing. Where applicable, they make findings of fact and conclusions of law, and render or recommend decisions.

 

ILLUSTRATIVE DUTIES

 

Assume full control of assigned hearing as soon as a date, time and place are set.

 

Guide the proceeding to maintain an orderly examination of the issues contained in the Notice of Hearing and charges.

 

 

Review all relevant material presented against the background of proper statutes and regulations.

 

MINIMUM QUALIFICATIONS

 

Open-Competitive:  Admission to the New York State Bar and five years of post-bar legal experience including either one year as a presiding hearing officer in patient care, enforcement and disciplinary hearings against professionals, eligibility hearings, Social Security or Medicaid; or two years as the attorney of record in administrative proceedings involving patient care, enforcement and disciplinary hearings against professionals, eligibility hearings, Social Security or Medicaid; or one year as a judge in the unified court system.

 

Date:  3/10

 

 

NOTE:  Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe.  Standards cannot and do not include all of the work that might be appropriately performed by a class.  The minimum qualifications above are those which were required for appointment at the time the Classification Standard was written.  Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.