What's happening
This bill allows any prosecutor of competent jurisdiction to receive referrals about suspected fraud or criminality from the state inspector.
Why it matters
Expands accountability and enforcement. By allowing referrals to be made to any prosecutor of competent jurisdiction, not just the deputy attorney general for Medicaid fraud control, the bill broadens the pool of officials who can take action on suspected fraud or criminality, potentially increasing the likelihood of investigation and prosecution.
Speeds up potential responses to health care fraud. This change could lead to more timely interventions, since local or other prosecutors might be able to respond faster or prioritize cases that might otherwise be delayed if only one office handled referrals.
Aligns with federal requirements and coordination. The amendment ensures that the inspector can make referrals as required or contemplated by federal law, helping New York maintain compliance with federal standards and potentially securing continued federal funding or partnership.
Increases flexibility for the state inspector. The inspector is given more discretion in choosing the most appropriate law enforcement agency for each case, which could lead to more effective and targeted criminal investigations.
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Who cares
Headline styles
Let More Prosecutors Get Referrals
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 48–15
- Ordered to third reading cal.1377
- Committee discharged and committed to rules
- 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.
Let Prosecutors Take Agency Cases
In Assembly Committee · Health · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
783
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to authorizing any prosecutor of competent jurisdiction to receive referrals from certain agencies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 32 of the public health law, as added by chapter 442 of the laws of 2006, is amended to read as follows:
7. to make information and evidence relating to suspected criminal acts which he or she may obtain in carrying out his or her duties available to appropriate law enforcement officials and to consult with the deputy attorney general for Medicaid fraud control, the welfare inspector general, and other state and federal law enforcement officials for coordination of criminal investigations and prosecutions.
The inspector shall refer suspected fraud or criminality to the deputy attorney general for Medicaid fraud control or any prosecutor of competent jurisdiction and make any other referrals to such deputy attorney general or such prosecutor as required or contemplated by federal law. At any time after such referral, with ten days written notice to the deputy attorney general for Medicaid fraud control or such shorter time as such deputy attorney general consents to, the inspector may additionally provide relevant information about suspected fraud or criminality to any other federal or state law enforcement agency that the inspector deems appropriate under the circumstances;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01950-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 allow the Office of the Medicaid Inspector General to refer suspected fraud or criminality to any prosecutor of competent jurisdiction.
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
Current law prohibits prosecutors of the local jurisdictions from receiving referrals on Medicaid fraud or abuse cases from the Office of Medicaid Inspector General. This legislation would clarify the law to allow for a referral to local jurisdictions to allow for greater cooperation in Medicaid investigations. 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
2015-16: S2198/A1639 - Passed Senate/Health 2014: Passed the Senate (S.6995/A.1450) 2013: Passed the Senate (S.773/A.1450) 2011-12: Passed the Senate (S.594/A.6405) 2009-10: 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
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.