N.Y. Public Health Law Section 34
Transfer of employees

Upon the transfer of the medical assistance program audit and fraud and abuse prevention functions from the department and the offices of mental health, alcoholism and substance abuse services, temporary disability assistance, and children and family services and the office for people with developmental disabilities to the office within the department pursuant to § 31 (Establishment of the office of Medicaid inspector general)section thirty-one of this title, provision shall be made for the transfer of necessary officers and employees who are substantially engaged in the performance of the function to be transferred, and any documents and records necessary and related to the transfer of such functions. The heads of the departments or agencies from which such function is to be transferred and the inspector shall confer to determine the officers and employees who are substantially engaged in the medical assistance program audit and fraud and abuse prevention function to be transferred. In accordance with subdivision two of Civil Service Law § 70 (Transfers)section seventy of the civil service law, officers and employees so transferred shall be transferred without further examination or qualification to the same or similar titles and shall remain in the same collective bargaining unit and shall retain their respective civil service classification, status and rights pursuant to their collective bargaining unit and collective bargaining agreement. Notwithstanding the office’s regional operations, all office employees shall be co-located, to the greatest extent practicable. The inspector shall have sole responsibility for establishing methods of administration for the office.

Source: Section 34 — Transfer of employees, https://www.­nysenate.­gov/legislation/laws/PBH/34 (updated Dec. 20, 2019; accessed Jan. 18, 2025).

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Accessed:
Jan. 18, 2025

Last modified:
Dec. 20, 2019

§ 34’s source at nysenate​.gov

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