New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 504 - Placement Of Individuals Leaving Transitional Care Funding
Section 504.6 - Administrative review

(a) An administrative appeal may be requested by the individual, the individual's guardian or another individual actively involved in the care of the individual and who can represent the individual's interests within 30 days of receipt of written notification of the placement determined to be appropriate. Such request shall be forwarded in writing to the commissioner.

(b) If a timely request is made, a hearing shall be conducted by the commissioner or his/her designee. Such hearing shall be presided over by an individual, designated by the commissioner, who has no interest or bias in the matter involved. Both sides may call witnesses and present relevant evidence.

(c) A hearing shall occur within 30 days of request for such appeal and every effort shall be made to hold the review in a county of the State convenient to the individual requesting the review.

(d) The commissioner or his/her designee shall issue a written determination within 30 days of the administrative review. The reasons supporting the determination shall be fully explained in the determination, which shall address all specific issues raised by the individual and his or her representatives. All clinical reports and other documents considered will be attached to the determination. If it is determined that the proposed placement is appropriate for the individual receiving transitional care funding, the Commissioner of Mental Health shall notify the local department of social services which shall discontinue funding for transitional care for such individual on the transfer date.

(e) If an administrative appeal is not requested within the 30 days stipulated in subdivision (a) of this section, the process for placement will begin and funding of the transitional care will terminate on the transfer date.