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This entry was published on 2019-12-20
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SECTION 34
Transfer of employees
Public Health (PBH) CHAPTER 45, ARTICLE 1, TITLE 3
§ 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 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 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.