Senate Bill S1511

2009-2010 Legislative Session

Relates to how audits of Medicaid-related records of pharmacy providers shall be conducted

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1511 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §32-a, Pub Health L

2009-S1511 (ACTIVE) - Summary

Relates to how audits of Medicaid-related records of pharmacy providers shall be conducted.

2009-S1511 (ACTIVE) - Sponsor Memo

2009-S1511 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1511

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  MORAHAN,  VOLKER  -- 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 audits of Medicaid
  pharmacy providers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
32-a to read as follows:
  S  32-A.  AUDITING  STANDARDS.  NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, AN AUDIT OF THE MEDICAID-RELATED RECORDS  OF  A  PHARMACY  PROVIDER
SHALL BE CONDUCTED AS FOLLOWS:
  1.  THE  DEPARTMENT, THE OFFICE, OR ANY CONTRACT AUDITOR CONDUCTING AN
AUDIT OF A PHARMACY PROVIDER'S MEDICAID  OPERATIONS  ON  BEHALF  OF  THE
DEPARTMENT  SHALL PROVIDE APPROPRIATE INDIVIDUALS IN THE CENTRAL OFFICES
OF THE PROVIDER'S OPERATIONS WITH NOTICE AT LEAST  SEVEN  BUSINESS  DAYS
PRIOR  TO  AN  ON-SITE  AUDIT.  AN AUDIT MAY NOT BE SCHEDULED DURING THE
FIRST FIVE BUSINESS DAYS OF ANY CALENDAR MONTH.
  2. THE DEPARTMENT, THE OFFICE, OR  A  CONTRACT  AUDITOR  SHALL  ACCEPT
ELECTRONIC  RECORDS FOR AUDITING UNDER THE SAME TERMS AND CONDITIONS AND
FOR THE SAME PURPOSES AS THE PAPER  ANALOGS  OF  SUCH  RECORDS,  TO  THE
EXTENT  SUCH  RECORDS ARE OTHERWISE ACCEPTABLE AND LEGAL UNDER STATE AND
FEDERAL PHARMACY, FOOD AND DRUG, AND MEDICAID LAWS. POINT OF SALE  ELEC-
TRONIC  REGISTER  DATA  MAY QUALIFY AS PROOF OF DELIVERY TO THE MEDICAID
RECIPIENT, AND ELECTRONIC BENEFICIARY SIGNATURE LOGS, ELECTRONIC  TRACK-
ING  OF PRESCRIPTIONS, ELECTRONIC PRESCRIBER PRESCRIPTION TRANSMISSIONS,
AND IMAGERY OF HARD COPY PRESCRIPTIONS SHALL BE ACCEPTABLE.
  3. IF AN AUDIT IS TO BE CONDUCTED BY A CONTRACT AUDITOR, THE  CONTRACT
AUDITOR'S  PAYMENT FOR THE AUDIT MAY NOT BE BASED ON THE NUMBER OF CHAL-
LENGED OR DENIED CLAIMS IDENTIFIED BY THE CONTRACT AUDITOR OR THE AMOUNT
ALLEGED BY THE AUDITOR TO BE OWED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02131-02-9
              

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