In the Matter of Patricia Miller, Respondent v. Barbara A. DeBuono, as Commissioner of Health of the State of New…

Summary

The New York Court of Appeals held that the regulation barring nurse aides with abuse findings from employment was not applied retroactively and that due‑process requires the Commissioner to apply a preponderance of the evidence standard, not merely substantial evidence, when deciding whether to place a finding in the Nurse Aide Registry. The court modified the Appellate Division’s order and remanded for a new determination.