Senate Bill S6878

2009-2010 Legislative Session

Creates the legislative commission on Medicaid fraud

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 19, 2010	referred to investigations and government operations

co-Sponsors

2009-S6878 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add Art 6-A §§96 - 98, Leg L

2009-S6878 (ACTIVE) - Summary

Creates the legislative commission on Medicaid fraud; such commission shall exercise continuous oversight of the office of Medicaid inspector general; review the operations of the office of Medicaid inspector general including compliance with legislative intent, use of extrapolation, audit processes, communication with health care providers, and compliance with state and federal laws and regulations.

2009-S6878 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6878

 TITLE OF BILL :
An act to amend the legislative law, in relation to the creation of
the legislative commission on Medicaid fraud, waste and abuse


 PURPOSE :
To create a legislative commission that will review the operation of
the Office of Medicaid Inspector General.

 SUMMARY OF PROVISIONS :

Section 1. Amends Legislative Law by adding a new Article 6-A
(Sections 96-98).

Section 96. Legislative Intent
Section 97. Powers and Duties. The Commission shall review the
operations of OMIG that will include but not be limited to (i)
compliance with legislative intent, (ii) use of extrapolation, (iii)
audit procedures, methods and protocols, (iv) communication with
health care providers, (v) compliance with state, federal laws and
regulations, and (vi) auditor training and qualifications.
Section 98. Reporting Requirements.

Section 2. Enacting clause.

 JUSTIFICATION :
Medicaid, a joint federal-state-county partnership created in 1965
that assists, low income individuals and families to obtain medical
services, and hospital treatment, is both an extremely important and
costly programs for New Yorkers.  The Medicaid program is, in fact,
the largest single component of state spending. In 2006, the
Legislature created the Office of Medicaid Inspector General (OMIG) in
order to combat fraud, waste and abuse within the Medicaid system.
Pharmacies, hospitals, nursing homes, home care providers, dentists,
clinics, and providers of durable equipment became subject to audits
by OMIG. While there is universal agreement that fraud, waste and
abuse are drains on the system and need to be combated, the tactics
and focus of OMIG have been called into question. With economic
pressures on states, individuals and health care providers and OMIG
recoveries being used to fill budget gaps, the time is right to look
at the business practices of OMIG. This commission will provide
constant oversight of OMIG and will allow the legislature to be fully
informed if future legislation is required.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
Immediately.

2009-S6878 (ACTIVE) - Bill Text download pdf

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

                                  6878

                            I N  S E N A T E

                            February 19, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT to amend the legislative law, in relation to the creation of the
  legislative commission on Medicaid fraud, waste and abuse

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

  Section  1. The legislative law is amended by adding a new article 6-A
to read as follows:
                               ARTICLE 6-A
        LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE AND ABUSE
SECTION 96. LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE AND ABUSE.
        97. POWERS AND DUTIES.
        98. REPORTS.
  S 96. LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE AND ABUSE. THERE
IS HEREBY CREATED A LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE  AND
ABUSE  TO  CONSIST  OF  TWO MEMBERS OF THE SENATE TO BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE, TWO MEMBERS OF  THE  ASSEMBLY  TO  BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER OF THE SENATE TO BE
APPOINTED  BY  THE  MINORITY  LEADER OF THE SENATE AND ONE MEMBER OF THE
ASSEMBLY TO BE APPOINTED BY THE MINORITY LEADER  OF  THE  ASSEMBLY.  THE
TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL
EACH APPOINT A CO-CHAIR FROM AMONG THE COMMISSION MEMBERSHIP. ANY VACAN-
CIES SHALL BE FILLED IN THE SAME MANNER  AS  THE  ORIGINAL  APPOINTMENT.
SUCH  APPOINTEES  SHALL SERVE AT THE PLEASURE OF THE RESPECTIVE LEGISLA-
TIVE MEMBER MAKING SUCH APPOINTMENT.
  S 97. POWERS AND DUTIES. 1. THE COMMISSION SHALL  EXERCISE  CONTINUOUS
OVERSIGHT  OF  THE  OFFICE  OF  MEDICAID INSPECTOR GENERAL AS CREATED BY
CHAPTER FOUR HUNDRED FORTY-TWO OF THE LAWS  OF  TWO  THOUSAND  SIX.  THE
COMMISSION SHALL REVIEW THE OPERATIONS OF THE OFFICE OF MEDICAID INSPEC-
TOR GENERAL INCLUDING BUT NOT LIMITED TO (I) COMPLIANCE WITH LEGISLATIVE
INTENT,  (II)  USE OF EXTRAPOLATION, (III) AUDIT PROCEDURES, METHODS AND
PROTOCOLS, (IV) COMMUNICATION WITH HEALTH CARE PROVIDERS, (V) COMPLIANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16049-02-0

S. 6878                             2

WITH STATE, FEDERAL LAWS AND REGULATIONS, AND (VI) AUDITOR TRAINING  AND
QUALIFICATIONS.
  2.  THE  COMMISSION  MAY EMPLOY SUCH STAFF AND RETAIN SUCH CONSULTANTS
AND EXPERT SERVICES AS MAY BE NECESSARY. EMPLOYMENT  BY  THE  COMMISSION
SHALL BE DEEMED TO BE EMPLOYMENT BY THE LEGISLATURE FOR ALL PURPOSES.
  3.  THE  COMMISSION SHALL HAVE THE POWER, SUBJECT TO THE PROVISIONS OF
SECTION SEVENTY-THREE OF THE CIVIL RIGHTS LAW, TO HOLD HEARINGS, SUBPOE-
NA WITNESSES, ADMINISTER OATHS, TAKE TESTIMONY AND COMPEL THE PRODUCTION
OF BOOKS, PAPERS, DOCUMENTS AND OTHER EVIDENCE  IN  FURTHERANCE  OF  ITS
DUTIES;  PROVIDED, HOWEVER, THAT NO SUBPOENA SHALL BE ISSUED EXCEPT UPON
THE AFFIRMATIVE VOTE OF A  MAJORITY  OF  THE  WHOLE  MEMBERSHIP  OF  THE
COMMISSION.  THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ALL AGEN-
CIES SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPERLY  TO  CONSUMMATE
ANY SUCH EXAMINATION, AND REVIEW.
  S  98.  REPORTS.  THE  COMMISSION SHALL, FROM TIME TO TIME, REPORT ITS
FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY, AND TO THE  MEMBERS  OF  THE
LEGISLATURE.
  S 2. This act shall take effect immediately.

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Senate Bill S6878

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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co-Sponsors

2009-S6878 (ACTIVE) - Details

2009-S6878 (ACTIVE) - Summary

2009-S6878 (ACTIVE) - Sponsor Memo

2009-S6878 (ACTIVE) - Bill Text download pdf

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Sponsored By

Craig M. Johnson

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

co-Sponsors

Pedro Espada Jr.

2009-S6878 (ACTIVE) - Details

2009-S6878 (ACTIVE) - Summary

2009-S6878 (ACTIVE) - Sponsor Memo

2009-S6878 (ACTIVE) - Bill Text download pdf

Comments