 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1804
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the social services law, in  relation  to  penalties  to
          managed care organizations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (d) of subdivision 32 of  section  364-j  of  the
     2  social  services  law, as added by section 15 of part B of chapter 59 of
     3  the laws of 2016, is amended to read as follows:
     4    (d) (i) Penalties under this subdivision may be applied to any and all
     5  circumstances described in paragraph (b) of this subdivision  until  the
     6  managed  care organization complies with the requirements for submission
     7  of encounter data.
     8    (ii) No penalties for late, incomplete or  inaccurate  encounter  data
     9  shall  be  assessed  against  managed  care organizations in addition to
    10  those provided for in this subdivision, provided, however, that  nothing
    11  in  this  paragraph shall prohibit the imposition of penalties, in cases
    12  of fraud or abuse, otherwise authorized by law.
    13    § 2. This act shall take effect on the ninetieth day  after  it  shall
    14  have  become a law, provided that the amendments to section 364-j of the
    15  social services law, made by section one of this act, shall  not  affect
    16  the repeal of such section, and shall be deemed repealed therewith.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03583-01-9
Relates to penalties to managed care organizations

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