Establishes the recovery audit pilot program for the recovery of state agency expenditure overpayments and lost discounts

3 Co-sponsors

• Martin J. Golden
• William J. Larkin Jr.
• George D. Maziarz

BILL NUMBER:S1289A

Title of bill

An act to amend the state finance law, in relation to establishing the recovery audits pilot program for the recovery of state agency expenditure overpayments and lost discounts; and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

Establishes audits of state agency expenditures to recover overpayments and lost discounts.

Summary of specific provisions

Section 1 - The state finance law is amended by adding a new article 7-B to read as follows: Recovery of Certain. State Agency Overpayments.

Section 124-A. Contract consultants for recovery audits for certain overpayments.

Section 124-B. State agencies subject to mandatory recovery audits.

Section 124-C. Payment to contractors.

Section 124-D. Forwarding reports.

Justification

New York state government agencies, by virtue of their size and complexity, have the potential of experiencing accounting irregularities that may result in overpayments to vendors or potentially allow for criminal mischief. To combat this problem, state law allows for internal controls or external audits conducted by the Comptroller's Office. In budget areas that are significantly large, new state agencies are created, the Office of Medicaid Inspector General being an example. Devoting staff and resources to these functions costs taxpayers millions of dollars every year, regardless of how much fraud or mismanagement is recovered. This legislation would provide a process by which the Comptroller's Office can recover improperly distributed funds and also root out corruption and fraud without incurring costs to the taxpayer. It outlines a procedure for the Comptroller to follow in hiring private-sector recovery audit firms as well as a process by which the firms would conduct their audits. A report is generated that outlines the specific courses of action the firms would like to follow and requires approval before attempting recovery. Once approved, the firms would take actions to recover the funds and retain a previously agreed upon percentage of the amount recovered as its fee for service. This process allows for the recovery of funds without having to incur personnel and office expenses.

The Comptroller would retain control over the process and reports would be sent to the Governor, Speaker, President of the Senate and Minority Leadership. The Office of Management and Budget estimated the federal government, for fiscal year 2009, had improper payments of $598 billion. President Obama signed an executive order allowing for

Recovery Audits in the divisions of Homeland Security, Transportation, Commerce and NASA. In addition, Texas and Utah utilize these firms for Medicaid Prescription Drug audits.

Prior legislative history

2010 - S.7384/A.10614 FINANCE/Gov't Ops

2011-12 - S.2684-A/A.4029-A FINANCE/Gov't Ops

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.