S T A T E   O F   N E W   Y O R K
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                                  1593

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sens. GOLDEN, BONACIC, HANNON, MAZIARZ, MORAHAN, SALAND,
  SKELOS, VOLKER -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Finance

AN  ACT to amend the state finance law, in relation to medicaid expendi-
  ture reporting

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

  Section  1.  The  state finance law is amended by adding a new article
3-A to read as follows:
                               ARTICLE 3-A
                     MEDICAID EXPENDITURE REPORTING
SECTION 30. MEDICAID EXPENDITURE REPORTING; DEFINITIONS.
        31. ANNUAL MEDICAID EXPENDITURE REPORT.
        32. CONFIDENTIALITY PROVISIONS.
        33. MEDICAID EXPENDITURE BUDGET BILL.
  S 30. MEDICAID EXPENDITURE REPORTING; DEFINITIONS.  AS  USED  IN  THIS
ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "MEDICAID EXPENDITURES" MEANS ANY ITEM OF EXPENDITURE FROM ANY FUND
OF  THE  STATE WHICH IS SPENT PURSUANT TO THE MEDICAL ASSISTANCE FOR THE
NEEDY PROGRAM.
  2. "COST OF MEDICAID EXPENDITURE" MEANS THE ESTIMATED  AMOUNT  OF  ANY
ITEM  OF  EXPENDITURE  FROM  ANY FUND OF THE STATE IN FURTHERANCE OF ANY
PROGRAM FUNDED IN ANY MEASURE PURSUANT TO THE MEDICAL ASSISTANCE FOR THE
NEEDY PROGRAM.
  3. "ITEM OF  EXPENDITURE"  MEANS  ANY  MEDICAID  EXPENDITURE  FOR  ANY
PURPOSE  TO ANY CLASS OR GROUPING OF VENDORS THAT INCLUDES MORE THAN ONE
VENDOR.
  S 31. ANNUAL MEDICAID EXPENDITURE REPORT. 1. IN ADDITION TO THE INFOR-
MATION REQUIRED BY ARTICLE SEVEN OF  THE  CONSTITUTION  AND  BY  SECTION
TWENTY-TWO  OF  THIS  CHAPTER, THE GOVERNOR SHALL SUBMIT TO THE LEGISLA-
TURE, AS EARLY AS PRACTICABLE, BUT NO LATER THAN THIRTY  DAYS  FOLLOWING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06215-01-9
              

S. 1593                             2

THE  SUBMISSION  OF  THE EXECUTIVE BUDGET, A MEDICAID EXPENDITURE REPORT
CONTAINING THE FOLLOWING INFORMATION AND STATEMENTS RELATING TO MEDICAID
EXPENDITURES:
  (A) AN ENUMERATION OF ALL MEDICAID EXPENDITURES;
  (B)  THE PROVISIONS OF LAW AUTHORIZING SUCH EXPENDITURES, THEIR EFFEC-
TIVE DATES, AND IF APPLICABLE, THE  DATES  ON  WHICH  SUCH  EXPENDITURES
EXPIRE OR ARE REDUCED;
  (C) IF RELIABLE DATA IS AVAILABLE, ESTIMATES PREPARED BY THE APPROPRI-
ATE  COMMISSIONER  OR  DIRECTOR  OF  ANY  STATE  AGENCY, AS SUCH TERM IS
DEFINED IN SECTION TWO-A OF THIS CHAPTER, IN CONJUNCTION WITH THE DIREC-
TOR OF THE BUDGET, OF THE COST OF SUCH EXPENDITURES FOR THE (I)  CURRENT
FISCAL YEAR AND (II) THE FIVE PRECEDING FISCAL YEARS;
  (D)  ANY RECOMMENDATIONS TO THE GOVERNOR REGARDING CONTINUING, MODIFY-
ING, OR REPEALING SUCH MEDICAID EXPENDITURES, AND SUCH OTHER INFORMATION
REGARDING EXPENDITURES AS THE GOVERNOR DEEMS APPROPRIATE;
  (E) IF THE EXECUTIVE BUDGET INCLUDES  PROPOSALS  FOR  THE  EXPIRATION,
MODIFICATION,  OR  REPEAL OF SUCH MEDICAID EXPENDITURES OR FOR THE ADDI-
TION OF MEDICAID EXPENDITURES IN OR TO SUCH ARTICLES OR  SUCH  LAW,  THE
MEDICAID  EXPENDITURE  REPORT SHALL ALSO CONTAIN, TO THE EXTENT RELIABLE
DATA IS AVAILABLE, AN ANALYSIS OF THE NUMBER AND TYPES  OF  PERSONS  AND
ENTITIES  BENEFITING  OR  EXPECTED TO BENEFIT FROM SUCH EXPENDITURES, AN
ESTIMATE OF THE COSTS OF SUCH EXPENDITURES FOR THE COMING  FISCAL  YEAR,
AND AN EXPLANATION OF THE REASONS FOR THE PROPOSALS;
  (F)  COMMENT,  IF  ANY,  ON  THE EFFECTIVENESS AND EFFICIENCY OF OTHER
EXPENDITURES; AND
  (G) GENERAL CAUTIONARY AND ADVISORY NOTES  CONCERNING  LIMITATIONS  OF
DATA,  ESTIMATION PROCEDURES, SAMPLING ERRORS AND IMPUTED VALUES, PROMI-
NENTLY DISPLAYED.
  2. THE MEDICAID EXPENDITURE REPORT SHALL INCLUDE A  THREE-YEAR  FINAN-
CIAL  PROJECTION  WHICH SHALL SHOW ANTICIPATED MEDICAID EXPENDITURES FOR
THE ENSUING FISCAL YEAR AND FOR THE  TWO  YEARS  FOLLOWING  THE  ENSUING
FISCAL  YEAR.  FOR THE PURPOSES OF THIS THREE-YEAR FINANCIAL PROJECTION,
EXPENDITURES  SHALL  BE  PRESENTED  BY  THE  FOLLOWING  PURPOSES:  STATE
PURPOSES;  LOCAL ASSISTANCE; CAPITAL PROJECTS; DEBT SERVICE; AND GENERAL
STATE CHARGES; AND RECEIPTS AND REVENUES SHALL  BE  PRESENTED,  FOR  THE
ENSUING  AND  NEXT  SUCCESSIVE  FISCAL  YEAR BY EACH REVENUE SOURCE. THE
THREE-YEAR FINANCIAL PROJECTION SHALL  INCLUDE  AN  EXPLANATION  OF  ANY
CHANGES  TO THE FINANCIAL PLANS SUBMITTED IN ACCORDANCE WITH SUBDIVISION
ONE OF SECTION TWENTY-TWO OF THIS CHAPTER, AND INCLUDE  EXPLANATIONS  OF
THE  ECONOMIC,  STATUTORY  AND  OTHER  ASSUMPTIONS  USED TO ESTIMATE THE
DISBURSEMENTS, EXPENDITURES, RECEIPTS AND REVENUES WHICH ARE PRESENTED.
  S 32. CONFIDENTIALITY PROVISIONS. ANY INFORMATION RELATING TO MEDICAID
EXPENDITURES FURNISHED BY ANY COMMISSIONER OR DIRECTOR OF A STATE AGENCY
SHALL BE FURNISHED IN ACCORDANCE WITH ANY APPLICABLE PROVISIONS  OF  LAW
RELATING TO THE CONFIDENTIALITY OF SUCH INFORMATION.
  S  33.  MEDICAID EXPENDITURE BUDGET BILL. 1. NOTWITHSTANDING ANY OTHER
CONTRARY PROVISION OF LAW, INCLUDING ANY PROVISION OF SECTION  FORTY  OF
THIS  CHAPTER,  THE BUDGET BILLS SUBMITTED BY THE GOVERNOR SHALL INCLUDE
AN ADDITIONAL BUDGET BILL WHICH SHALL CONTAIN ALL  APPROPRIATIONS  WHICH
THE GOVERNOR FINDS WILL BE REQUIRED FOR MEDICAID EXPENDITURES DURING THE
NEXT  THREE  SUCCEEDING  FISCAL YEARS. SUCH BUDGET BILL SHALL CONSIST OF
THREE SECTIONS, AS FOLLOWS:
  (A) THE FIRST SECTION SHALL CONTAIN ALL APPROPRIATIONS AND REAPPROPRI-
ATIONS WHICH IN THE OPINION OF THE GOVERNOR WILL BE REQUIRED  FOR  MEDI-
CAID EXPENDITURES DURING THE NEXT SUCCEEDING FISCAL YEAR.  NOTWITHSTAND-
ING  THE  FOREGOING  PROVISIONS OF THIS SUBDIVISION, SUCH APPROPRIATIONS

S. 1593                             3

SHALL BE SUBJECT  TO  THE  LIMITATIONS  ESTABLISHED  BY  LAW,  INCLUDING
SECTION FORTY OF THIS CHAPTER.
  (B)  THE  SECOND  SECTION SHALL CONTAIN APPROPRIATIONS AND REAPPROPRI-
ATIONS WHICH IN THE OPINION OF THE GOVERNOR WILL BE REQUIRED  FOR  MEDI-
CAID  EXPENDITURES DURING THE SECOND SUCCEEDING FISCAL YEAR. SUCH APPRO-
PRIATIONS SHALL HAVE AS AN EFFECTIVE DATE THE FIRST DAY OF  SUCH  SECOND
SUCCEEDING FISCAL YEAR, AND SHALL WHEN EFFECTIVE BE SUBJECT TO THE LIMI-
TATIONS  ESTABLISHED BY LAW, INCLUDING SECTION FORTY OF THIS CHAPTER, AS
IF SUCH APPROPRIATIONS HAD BEEN PASSED BY THE LEGISLATURE ON  THE  FIRST
DAY OF SUCH FISCAL YEAR.
  (C)  THE  THIRD  SECTION  SHALL CONTAIN PROSPECTIVE APPROPRIATIONS AND
PROSPECTIVE REAPPROPRIATIONS WHICH IN THE OPINION OF THE  GOVERNOR  WILL
BE REQUIRED FOR MEDICAID EXPENDITURES DURING THE THIRD SUCCEEDING FISCAL
YEAR.  SUBJECT  TO  THE  LIMITATIONS IMPOSED BY SECTION SEVEN OF ARTICLE
SEVEN OF THE CONSTITUTION, SUCH APPROPRIATIONS MAY CONTAIN NO  EFFECTIVE
DATE,  BUT SHALL PROVIDE AN ACCURATE LISTING OF APPROPRIATIONS THAT WILL
BE REQUIRED IN SUCH FISCAL YEAR.
  2. SUCH BUDGET BILL SHALL INCLUDE, OR THE GOVERNOR MAY SUBMIT AN ADDI-
TIONAL BILL WHICH INCLUDES,  STATUTORY  CHANGES  REQUIRED  TO  IMPLEMENT
APPROPRIATIONS  DURING  EACH OF THE FISCAL YEARS COVERED IN THE MEDICAID
EXPENDITURE APPROPRIATION BILL.
  S 2. This act shall take effect immediately.