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History
- Referred to health
- Delivered to assembly
- Passed senateVote 49–14
- Advanced to third reading
- 2nd report cal.
- 1st report cal.49
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes any prosecutor of competent jurisdiction to receive referrals from certain agencies
In Assembly Committee · Health · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S773
Title of bill
An act to amend the public health law, in relation to authorizing any prosecutor of competent jurisdiction to receive referrals from certain agencies
Purpose
To amend the Public Health Law, in relation to authorizing any prosecutor of competent jurisdiction to receive referrals from certain agencies.
Summary of provisions
Section 1. Amends Subdivision 7 of section 32 of the public health law to allow for Office of Medicaid Inspector General to refer suspected fraud or criminality to any prosecutor of competent jurisdiction.
Section 2. Effective date.
Justification
Approximately two years ago the Office of the Medicaid Inspector General (OMIG) entered into a memorandum of understanding with the Nassau County Department of Social Service (DSS) which allowed DSS to investigate Medicaid provider fraud and keep the county share of any recovery in exchange for working under the supervision and control of the OMIG. The Demonstration Project, as it is known, requires DSS to seek the OMIG's approval before starting a Medicaid provider investigation, requires OMIG's approval of the investigation plan, and requires DSS to turn the entire investigation over to OMIG if any fraud is found. Once the investigation is turned over, OMIG will review DSS's efforts, conduct any further investigation that it deems necessary and, if the OMIG is satisfied conduct exists, turn over the file to the Attorney General's Medicaid Fraud Control Unit (MFCU). The MFCU that covers Nassau County is based in Hauppauge.
This Demonstration Project working in conjunction OMIG's statute, has created a bureaucratitc chain whereby Nassau DSS is supervised by an entity in Albany, sends its completed investigations to Albany, and then the case travels to MFCU in Hauppauge. Meanwhile the Prosecutors in the Nassau County District Attorney's office, sitting a mere three miles away from the investigators at DSS, are prohibited from offering their assistance. It is inexplicable that the county district attorney is barred from prosecuting crimes that take place within the county and were investigated by a county agency.
This legislation would easily fix the problem referenced above by amending the OMIG's statute to allow the agency to make referrals to both the Attorney General and "any prosecutor of competent jurisdiction.
Legislative history
2011-2012: Passed the Senate (S.594/A.6405) 2009-2010: Referred to Health (S.4774/A.10047)
Fiscal implications
Due to an increase in efficiency in prosecuting Medicaid Fraud, there is an estimated increase in revenue to the state.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.