S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
April 13, 2011
Introduced by Sen. O'MARA -- 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 the state
reimbursement of county payments for medical assistance fraud, waste
and abuse detection software
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 368-a of the social services law
is amended by adding a new paragraph (aa) to read as follows:
(AA) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FULL AMOUNT
EXPENDED BY THE LOCAL SOCIAL SERVICES DISTRICT FOR MEDICAL ASSISTANCE
FRAUD, WASTE AND ABUSE INVESTIGATIONS VIA THE USE OF DATA MINING SOFT-
WARE SHALL BE REIMBURSED BY THE STATE IF THE COUNTY HAS PREVIOUSLY
PURCHASED OR INTENDS TO PURCHASE SUCH SOFTWARE. FOR THE PURPOSES OF THIS
PARAGRAPH, "DATA MINING SOFTWARE" SHALL MEAN A DATABASE APPLICATION THAT
UTILIZES ADVANCED DATA SEARCHING CAPABILITIES AND STATISTICAL ANALYSES
TO DISCOVER PATTERNS AND CORRELATIONS IN THE USE AND ABUSE OF MEDICAL
ASSISTANCE PRACTICES. ANY COUNTY THAT HAS PREVIOUSLY PURCHASED SUCH
SOFTWARE MUST SUPPLY ADEQUATE DOCUMENTATION, INCLUDING ANY RECEIPTS,
THAT DETAILS SUCH PURCHASE. THE STATE SHALL DISBURSE GRANTS, WHEN APPLI-
CABLE, FROM THE GENERAL FUND FOR THIS PURPOSE.
(II) THE COMMISSIONER OF HEALTH MAY DEVELOP RULES AND REGULATIONS AS
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS PARAGRAPH.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.