Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to health |
Feb 02, 2009 |
referred to health |
Senate Bill S1511
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
co-Sponsors
(R, C, Ind, WF) Senate District
(R, C, IP) Senate District
(R) Senate District
2009-S1511 (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add §32-a, Pub Health L
2009-S1511 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1511 TITLE OF BILL : An act to amend the public health law, in relation to audits of Medicaid pharmacy providers PURPOSE : This bill provides limitations on Medicaid auditing practices in relation to pharmacy providers. SUMMARY OF PROVISIONS : § 1- Amends Article 1, Title III of the Public Health Law by adding a new § 32- A related to auditing standards and procedures of the Office of the Medicaid Inspector General. The new § 32-A: * Requires that adequate prior notice be given, to responsible individuals in the pharmacy's operations that an audit has been scheduled and prohibits an audit from being scheduled during the first 5 business days of any calendar month. * Allows for the submission of electronic records in an audit where otherwise acceptable under state and federal law.
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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