What's happening
This bill requires at least 90 days' notice before new Medicaid compliance or billing rules that could lead to withholdings or takebacks take effect.
Why it matters
Gives Medicaid providers more time to adapt. By mandating at least 90 days’ notice for new compliance or billing rules, providers have a clearer window to train staff, update systems, and adjust processes, helping to prevent costly mistakes or accidental non-compliance.
Aims to reduce financial risk for providers. Sudden rule changes can lead to unexpected withholdings or takebacks during Medicaid audits. The new notice period reduces the chance that providers will be financially penalized for not having enough time to implement complex changes.
Improves transparency and predictability. The legislation forces agencies to communicate important changes well in advance, helping providers plan more effectively and advocate for any needed clarifications or adjustments before a rule takes effect.
Supports stability in patient care. By minimizing abrupt administrative disruptions, the bill helps ensure that patient services funded by Medicaid can continue smoothly, without interruptions caused by rushed compliance efforts.
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Who cares
Headline styles
Delay Medicaid Audit Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
1 Co-sponsor
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.341
- Referred to commerce, economic development and small business
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 59–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.320
- Referred to commerce, economic development and small business
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.
Delay Medicaid Audit Rules
In Assembly Committee · Governmental Operations · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2899
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sens. KAPLAN, ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business
AN ACT to amend the state administrative procedure act, in relation to rule making procedures
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (iv) of paragraph (c) of subdivision 5 of section 202 of the state administrative procedure act, as amended by chapter 610 of the laws of 1987, is amended to read as follows:
(iv) give the effective date of the rule, provided, however, that, with respect to rules that require changes to compliance or billing standards that could result in eventual withholdings or takebacks due to Medicaid auditing and/or self-disclosure obligations, such effective date shall not be sooner than ninety (90) days from the publication of the notice of adoption of the rule;
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01522-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the state administrative procedure act, in relation to rule making procedures
Purpose or general idea of bill
This legislation allows that when rules that require changes to compli- ance or billing standards that could result in withholding or takebacks due to Medicaid auditing that the effective date of these regulations shall not be sooner than 90 days from the publication of adoption of the rule.
Summary of specific provisions
Section 1 amends SAPA to require that rules that require changes to compliance or billing standards that could result in eventual with- holdings or takebacks due to Medicaid auditing and/or self-disclosure obligations, such effective date shall not be sooner than 90 days from the publication of the notice of adoption of the rule.
Section 2 is the effective date.
Justification
This legislation aims to address concerns that where there is not an additional statutory requirement for a public hearing or implementation period prior to the implementation of a new rule, there is insufficient time afforded to parties required to comply with a new rule to initiate any changes necessary to do so. This leads to significant hardship and considerable difficulty for affected parties because it has a detri- mental impact on the ability of these parties to efficiently and effec- tively operate and provide services. Furthermore, there are concerns that where there is no implementation period prior to the effective date of a new regulation, comments made later in the comment period are less likely to be taken into account due to time constraints. The addition of the ninety day implementation period proposed by this bill would serve to alleviate both of these concerns and increase the efficient and effective implementation of new rules.
Prior legislative history
S. 7619 Passed Senate in 2016. S. 244 of 2017/2018; Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.