Administrative law governs administrative agencies and aims to standardize their rulemaking processes. The federal Administrative Procedure Act of 1946 and subsequent state-level acts like New York's State Administrative Procedure Act provide uniform procedures for agencies to propose and establish regulations. These acts establish standardized processes for rulemaking, adjudication, and licensing to promote consistency, transparency and fairness across agencies. Healthcare is significantly impacted as most state health agencies are subject to requirements under administrative law and rulemaking procedures.

1. Administrative Law and
State Administrative
Procedure Act
Legal Aspects of Health Administration
February 25, 2015
Robin Dickinson-Sawyer

2. Objectives
Administrative Law and State Administrative Procedure Act(SAPA)
History
Define
Agencies
Intent of Law
Actual
Court Decisions
Effect on Healthcare

3. History
Administrative Procedure Act (APA)enacted June 11, 1946, is the United States Federal Statute
that governs the way in which Administrative Agencies of the federal government
may propose and establish regulations
The Act became a law in 1946—Administrative Law
Uniform Law Commission (ULC)
Model State Administrative Procedure in 1961
Expanded in 1981-
Revised again in July of 2010 (internet) “Final Act”
Adopted by individuals states

4. Definition
Administrative law
• Type of public law that deals with the rules of government agencies
• Determines the organization, powers and duties of administrative authorities
• Commonly called regulatory law
Substantive Law
• includes those rules and regulations promulgated and enforced by an
administrative body according to that body’s area
• Branch of law governing the creation and operation of administrative agencies
• Administrative agencies exist at all levels of government

5. Agencies
• Delegated power by Congress
• Act as agents for the Executive
• Administrative agencies are created to protect a public interest
• rather than to vindicate private rights
• Governmental agencies must act within Constitutional parameters.

6. State Administrative Procedure Act
(SAPA) defined to
-provided procedures for promulgating administrative
regulations
-adjudicating disputes before administrative bodies
Articles:
•Article 1 GENERAL PROVISIONS
•Article 2 RULE MAKING
•Article 3 ADJUDICATORY PROCEEDINGS
•Article 4 LICENSES
•Article 5 REPRESENTATION –
Multiple sections under each article

7. The regulatory process in the State of New York
• governed primarily by Article 2 of the State Administrative
Procedure Act (SAPA)
• process is administered in the Department of Health by
the Office of Regulatory Reform.

8. Legislative Intent of the Law
SAPA
The legislature found and declared that the administrative rulemaking,
adjudicatory and licensing processes among the agencies of state
government:
Inconsistent
Lack uniformity
Create misunderstanding by the public.

9. Legislative Intent of the Law
SAPA
• provide the people with simple, uniform administrative procedures, an
administrative procedure
• guarantees that the actions of administrative agencies conform with sound
standards
• insures that equitable practices will be provided to meet the public interest
• It is further found that in the public interest it is desirable for state agencies
to meet the requirements imposed by the administrative procedure act
• agencies which will not have to conform to this act have been exempted from
the act

10. Actual
Summary of Hearing Rules of Procedure
The New York Department of State's Rules of Procedure for Adjudicatory
Proceedings are set forth in Part 400 of 19 NYCRR.
All hearings will be conducted in accordance with the State Administrative
Procedure Act. Pertinent provisions are as follows:
All hearings will be commenced on reasonable notice (generally 10 days under
our statutes). The notice will apprise the respondent of matters asserted and of
any statutes or rules involved. Parties may present written and/or oral argument
on any issue.
The department will make a record of all hearing proceedings including a
transcript of the hearing and shall furnish a copy of the record or any part
thereof to the respondent at cost. All parties have the usual rights of parties in
civil proceedings, i.e., to examine and cross-examine witnesses, make
objections, etc.

11. Actual
Summary of Hearing Rules of Procedure
Judges
The administrative law judge will preside over the hearing in a fair and impartial
manner. Generally, an administrative law judge has the authority of any judge in
a civil matter and may order discovery and depositions. The judge rules on the
admissibility of evidence and is not bound by strict rules of evidence.
The administrative law judge or other person assigned to render a decision does
so by including findings of fact and conclusions of law or reasons for his/her
decision. The judge will not consult with any party about his/her decision except
upon notice to all parties.

12. Actual
Summary of Hearing Rules of Procedure
The rules require a decision to be made in the format of findings of fact and
conclusions of law. Parties may propose findings of fact and the decision will
contain a ruling on such findings.
Subpoenas compelling attendance of witnesses or documents may be issued by the
administrative law judge or any attorney duly admitted to practice in the State of
New York.
Motions may be made to dismiss the complaint upon failure of proof.

13. Actual
Summary of Hearing Rules of Procedure
Every person is entitled to representation and someone who is not a lawyer
may represent a respondent. Every representative must file a notice in
accordance with Section 166 of the New York State Executive Law on forms to
be provided by the department.
A maximum of two adjournments of a hearing may be granted and requests
must be made by affidavit addressed to the administrative law judge and must
be received no later than three working days prior to the date of the hearing.
All adjudicatory proceedings must be finally disposed of within 150 days of the
date of the hearing unless the hearing is adjourned by mutual consent or by
request of the respondent; or the time is extended by mutual consent or the
New York Secretary of State or administrative law judge makes a written
declaration of necessity to extend citing his/her reasons therefor.

14. Court Decisions
Alcoholism and Substance Abuse Services, Office of
1 / Establishment, Incorporation and Certification of Providers of Substance Use Disorder Services (E)
3 / Criminal History Information Reviews (E)
6 / Patient Rights (E)
8 / Credentialing of Addictions Professionals (E)
10 / Incident Reporting in OASAS Certified, Licensed, Funded or Operated Programs (E)
13 / Integrated Outpatient Services (A)
Children and Family Services, Office of
16 / Protection of Vulnerable Persons (E)
Civil Service, Department of
18 / Supplemental Military Leave Benefits (A)
18 / Jurisdictional Classification (A)
Health, Department of
61 / Children’s Camps (E)
64 / State Aid for Public Health Services: Counties and Cities (A)
66 / Integrated Outpatient Services (A)
68 / Accountable Care Organizations (ACOs) (A)
70 / Medical Use of Marihuana (P)
Mental Health, Office of
73 / Implementation of the Protection of People with Special Needs Act and Reforms to Incident Management (E)
76 / Integrated Outpatient Services (A)
79 / Medical Assistance Payments for Community Rehabilitation Services Within Residential Programs for Adults, Children,
Adolescents (A)
People with Developmental Disabilities, Office for
80 / Implementation of the Protection of People with Special Needs Act and Reforms to Incident Management (E)

15. New York State Department of Health Proposed Rule Making
(sample as of Feb 2015)
Amendment of Part 800 of Title 10 NYCRR (Emergency Medical Services)
NOTICE OF REVISED RULEMAKING 02/11/2015 03/13/2015
Amendment of Subpart 86-10 to Title 10 NYCRR (Rate Rationalization for Community
Residences (CRs) / Individualized Residential Alternatives (IRAs) Habilitation and Day
Habilitation)
SECOND NOTICE OF REVISED RULEMAKING 01/14/2015 02/13/2015
Amendment of Subpart 86-11 to Title 10 NYCRR (Rate Rationalization for Intermediate
Care Facilities for Persons with Developmental Disabilities (ICF/DDs))
SECOND NOTICE OF REVISED RULEMAKING 01/14/2015 02/13/2015
Addition of Subpart 80-1 to Title 10 NYCRR (Medical Use of Marihuana) 12/31/2014
02/17/2015
Amendment of Section 505.2(l) of Title 18 NYCRR (Transgender Related Care and
Services) 12/17/2014 02/02/2015
Amendment of Subpart 86-10 to Title 10 NYCRR (Rate Rationalization for Community
Residences (CRs) / Individualized Residential Alternatives (IRAs) Habilitation and Day
Habilitation)
NOTICE OF REVISED RULEMAKING 11/19/2014 12/19/2014
Amendment of Subpart 86-11 to Title 10 NYCRR (Rate Rationalization for Intermediate
Care Facilities for Persons with Developmental Disabilities (ICF/DDs))

16. Effect on Healthcare
Impacts everything!
99 Agencies in NYS
http://www.ny.gov/agencies

17. Questions/Observations??

18. Sources
Showalter, J. (2012). The Anglo-American Legal System. In The Law of
Healthcare Administration(Sixth ed., pp. 7-8). Washington: AUPHA Press.
http://www.loc.gov/law/help/administrative.php
http://www.uniformlaws.org/Act.aspx?title=State+Administrative+Proced
ure+Act,+Revised+Model
https://www.health.ny.gov/regulations/proposed_rulemaking/