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

                                 6555--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of  A. N. RIVERA, JEFFRIES, CRESPO, LINARES, COLTON,
  GIBSON, HEASTIE, SPANO, CASTRO, WEPRIN, J. RIVERA, P. RIVERA,  JAFFEE,
  MONTESANO,  RAIA,  DUPREY, ZEBROWSKI -- Multi-Sponsored by -- M. of A.
  ABBATE, ARROYO, BOYLAND, BROOK-KRASNY, CALHOUN, CAMARA, CONTE, CROUCH,
  GUNTHER, JOHNS, MAISEL, MALLIOTAKIS, McDONOUGH, McENENY, MOYA,  PERRY,
  PRETLOW,  RAMOS,  RODRIGUEZ,  SAYWARD,  STEVENSON  --  read  once  and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation to  establishing  the
  Medicaid  identification  and anti-fraud biometric technology program;
  to amend the social services law, in relation  to  conforming  medical
  assistance  identification  cards with the Medicaid identification and
  anti-fraud biometric  technology  program;  and  to  amend  the  state
  finance  law,  in relation to establishing the Medicaid identification
  and anti-fraud biometric technology program trust fund

  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 article
2-B to read as follows:
                                ARTICLE 2-B
            MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
                           TECHNOLOGY PROGRAM
SECTION 290. MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
               PROGRAM.
        291. DEFINITIONS.
        292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.
        293. REPORT.
        294. RULES AND REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09573-03-1

A. 6555--A                          2
              

  S 290. MEDICAID IDENTIFICATION  AND  ANTI-FRAUD  BIOMETRIC  TECHNOLOGY
PROGRAM.  THERE  IS  HEREBY  ESTABLISHED  IN THE DEPARTMENT THE MEDICAID
IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY PROGRAM.
  S 291. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "BIOMETRIC TECHNOLOGY" MEANS TECHNOLOGY THAT MEASURES AND ANALYZES
BIOLOGICAL DATA, INCLUDING HUMAN  BODY  CHARACTERISTICS,  SUCH  AS  DNA,
FINGERPRINTS, VASCULAR PATTERNS, EYE RETINAS AND IRISES, VOICE PATTERNS,
FACIAL PATTERNS AND HAND MEASUREMENTS, FOR AUTHENTICATION PURPOSES.
  2.  "PALM  SCANNER"  MEANS A DEVICE CAPABLE OF USING PALM-VEIN PATTERN
RECOGNITION OR VASCULAR RECOGNITION USING NEAR-INFRARED LIGHT TO CAPTURE
A PATIENT'S PALM VEIN PATTERN TO GENERATE A BIOMETRIC PATTERN.
  S 292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.  1.  THE  DEPARTMENT,  IN
CONSULTATION  WITH  THE OFFICE OF THE MEDICAID INSPECTOR GENERAL AND THE
OFFICE OF THE ATTORNEY GENERAL, SHALL IMPLEMENT A PROGRAM REQUIRING  THE
USE  OF  BIOMETRIC TECHNOLOGY IN THE FORM OF PALM SCANNERS TO BE USED BY
HOSPITALS, CLINICS AND PHARMACIES, FOR THE PURPOSES OF PATIENT IDENTIFI-
CATION AND FOR USE AS AN ANTI-FRAUD APPLICATION IN THE MEDICAID PROGRAM.
  2. (A) MEDICAID CARDS ISSUED BY THE STATE TO MEDICAID RECIPIENTS SHALL
BE ENCODED AND ENCRYPTED WITH THE BIOMETRIC PALM PRINT OF THE CARD HOLD-
ER ALONG WITH OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER AND
THE OFFICE OF HEALTH INSURANCE PROGRAMS, PROVIDED,  HOWEVER,  THAT  SUCH
INFORMATION  SHALL  NOT INCLUDE SOCIAL SECURITY NUMBERS AND SHALL NOT BE
STORED IN A CENTRAL DATA BANK. SUCH CARD HELD BY EACH MEDICAID RECIPIENT
WILL BE CAPABLE OF STORING BIOMETRIC MARKERS AND A  LOG  OF  DOCTOR  AND
PHARMACY VISITS FOR EACH SERVICE BILLED TO THE MEDICAID PROGRAM.
  (B)  MEDICAID  CARDS  SHALL BE ISSUED TO THE ADMITTING STAFF OF HEALTH
CARE FACILITIES, MEDICAL STAFF PROVIDING SERVICE TO MEDICAID RECIPIENTS,
AND TO PHARMACY STAFF. HEALTH CARE FACILITY ADMITTING STAFF, HEALTH CARE
PROVIDERS AND PHARMACY STAFF SHALL SWIPE THE  MEDICAID  CARD  ISSUED  TO
THEM  PURSUANT  TO THIS ARTICLE AND SHALL SCAN HIS OR HER PALM ON A PALM
READER, UPON ADMITTING, PROVIDING CARE OR PHARMACY SERVICES TO  A  MEDI-
CAID  RECIPIENT,  TO  VERIFY  THE LEGITIMACY OF THE CARE BEING PROVIDED.
SUCH CARD SHALL MAINTAIN A LOG IDENTIFYING THE  PERSON  RESPONSIBLE  FOR
PROVIDING CARE TO SUCH PERSON.
  (C) MEDICAID RECIPIENTS SHALL BE REQUIRED TO SWIPE HIS OR HER MEDICAID
BENEFIT  CARD AT TIME OF EACH VISIT TO A DOCTORS OFFICE OR CLINIC AT THE
POINT OF ACTUALLY BEING SEEN BY THE DOCTOR OR CLINICAL STAFF,  AND  UPON
LEAVING THE HEALTH CARE FACILITY.
  (D)  MEDICAID  CARDS SHALL BE USED AND PALM READERS SHALL BE PLACED IN
PHARMACIES WHERE THE MEDICAID RECIPIENT SHALL SWIPE HIS OR HER CARD  AND
SHALL HAVE HIS OR HER PALM SCANNED WHEN FILLING A PRESCRIPTION. PHARMACY
STAFF REGISTERING THE PRESCRIPTION ORDER SHALL SWIPE AND SCAN HIS OR HER
MEDICAID ISSUED CARD AT THE SAME TIME TO VERIFY THE TRANSACTION.
  (E) THE COMMISSIONER AND THE OFFICE OF HEALTH INSURANCE PROGRAMS SHALL
PROMULGATE  RULES  AND  REGULATIONS  THAT SHALL BE DIGITIZED AND ENCODED
INTO THE MEDICAID CARD TO COMBAT FRAUD. SUCH RULES SHALL INCLUDE BUT ARE
NOT LIMITED TO ESTABLISHING A NUMBER  OF  POSSIBLE  PATIENT  VISITS  PER
DOCTOR  PER  BUSINESS  DAY,  THE  NUMBER  OF TIMES A PRESCRIPTION CAN BE
FILLED BY EACH MEDICAID RECIPIENT EACH  MONTH,  THE  NUMBER  OF  MEDICAL
EXAMS THAT CAN BE ORDERED FOR EACH PATIENT EACH MONTH IN ORDER TO ELIMI-
NATE DUPLICATIVE, REDUNDANT AND UNNECESSARY EXAMS.
  (F)  THE  COMMISSIONER  AND THE OFFICE OF HEALTH INSURANCE PROGRAMS IN
CONSULTATION WITH THE OFFICE OF THE ATTORNEY GENERAL AND THE  OFFICE  OF
THE MEDICAID INSPECTOR GENERAL SHALL DEVELOP ALL OF THE FRAUD PREVENTION
MARKERS  WHICH  SHALL  BE ENCODED INTO THE MEDICAID CARDS ISSUED TO BOTH
MEDICAID RECIPIENTS AND MEDICAID SERVICE PROVIDERS.

A. 6555--A                          3

  (G) FRAUD PREVENTION MARKERS INCORPORATED INTO SOFTWARE WHICH SHALL BE
USED TO OPERATE THE HARDWARE COMPONENT OF THE BIOMETRIC  SCANNERS  SHALL
PREVENT  AND/OR  REJECT  THE PAYMENT BY THE MEDICAID PROGRAM AT POINT OF
SERVICE IF FRAUD OR POTENTIAL FRAUD IS IDENTIFIED BY THE BIOMETRIC TECH-
NOLOGY SYSTEM.
  (H)  THE COMMISSIONER IN CONSULTATION WITH THE OFFICE OF HEALTH INSUR-
ANCE PROGRAMS AND THE OFFICE OF THE ATTORNEY GENERAL SHALL BE  RESPONSI-
BLE  FOR  PROMULGATING RULES AND REGULATIONS NECESSARY FOR THE OPERATION
OF THIS PROGRAM AND ENSURING THAT MEDICAID  RECIPIENTS  HAVE  ACCESS  TO
EMERGENCY  HEALTH  SERVICES IN THE CASE OF A BIOMETRIC TECHNOLOGY SYSTEM
MALFUNCTION OR FRAUD DETECTION ALARM.
  3. (A) SUCH BIOMETRIC TECHNOLOGY USE REQUIREMENT SHALL BE  IMPLEMENTED
WITHIN TWELVE MONTHS FROM THE EFFECTIVE DATE OF THIS ARTICLE.
  (B)  IF THE DEPARTMENT FAILS TO MEET THE DEADLINE ESTABLISHED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, IT SHALL SUBMIT IN WRITING TO EACH
MEMBER OF THE LEGISLATURE ITS  FAILURE  TO  MEET  SUCH  DEADLINE  AND  A
DETAILED EXPLANATION OF WHEN SUCH TECHNOLOGY WILL BE IN PLACE.
  S  293.  REPORT.  1. THE DEPARTMENT SHALL REPORT TO EACH MEMBER OF THE
LEGISLATURE WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE
ESTIMATED TOTAL NUMBER OF BIOMETRIC SOFTWARE LICENSES REQUIRED TO  PLACE
BIOMETRIC PALM SCANNERS IN ALL HOSPITALS, CLINICS AND PHARMACIES SERVING
MEDICAID RECIPIENTS.
  2. SUCH REPORT SHALL INCLUDE:
  (A)  AN  ESTIMATED  NUMBER OF PALM SCANNERS TO BE PLACED IN ALL HOSPI-
TALS, CLINICS AND PHARMACIES SERVING MEDICAID RECIPIENTS;
  (B) THE ESTIMATED COST OF THE MAIN SERVER THAT SHALL BE USED TO AGGRE-
GATE THE BIOMETRIC DATA; AND
  (C) THE ESTIMATED ANNUAL COST FOR  THE  MAINTENANCE  AND  UPGRADES  OF
HARDWARE AND SOFTWARE REQUIRED FOR THE EFFECTIVE USE OF THIS TECHNOLOGY.
  S  294.  RULES  AND  REGULATIONS.  THE  COMMISSIONER IS AUTHORIZED AND
DIRECTED TO PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE MAY  DEEM
NECESSARY OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S  2.    Subdivision 1 of section 367-b of the social services law, as
added by chapter 639 of the laws of 1976, is amended to read as follows:
  1. The department shall  design  and  implement  a  statewide  medical
assistance  information and payments system for the purpose of providing
individual and aggregate data to social  services  districts  to  assist
them  in  making basic management decisions, to the department and other
state agencies to assist in the administration of the medical assistance
program, and to the governor and the legislature as may be necessary  to
assist  in  making  major  administrative and policy decisions affecting
such program.  Such system shall be designed so as to be capable of  the
following:
  a. receiving and processing information relating to the eligibility of
each  person  applying for medical assistance and [of issuing] REQUIRING
THE DEPARTMENT OF HEALTH TO ISSUE AND MAIL a  medical  assistance  iden-
tification  card,  CONFORMING TO THE REQUIREMENTS SET FORTH IN THE MEDI-
CAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY  PROGRAM  ESTAB-
LISHED  PURSUANT  TO  ARTICLE  TWO-B OF THE PUBLIC HEALTH LAW to persons
determined by a social services official to be eligible for such assist-
ance;
  A-1. ACTIVATING MEDICAL ASSISTANCE IDENTIFICATION CARDS  BY  REQUIRING
AN  APPLICANT  RECEIVING  SUCH  CARD  TO  HAVE  HIS OR HER PALM SCANNED,
ENCODED AND ENCRYPTED INTO SUCH  CARD  AT  A  SOCIAL  SERVICES  DISTRICT
OFFICE IN THE SOCIAL SERVICES DISTRICT IN WHICH THE APPLICANT RESIDES;

A. 6555--A                          4

  b.  receiving  and  processing  information relating to each qualified
provider of medical assistance furnishing care, services or supplies for
which claims for payment are made pursuant to this title;
  c.  receiving  and  processing, in a form and manner prescribed by the
department, all claims for medical  care,  services  and  supplies,  and
making  payments for valid claims to providers of medical care, services
and supplies on behalf of social services districts;
  d. maintaining information necessary to allow the department, consist-
ent with the powers and duties of the department of  health,  to  review
the  appropriateness,  scope  and duration of medical care, services and
supplies provided to any eligible person pursuant to this chapter; and
  e. initiating  implementation  of  such  a  system  for  the  district
comprising  the  city of New York, in a manner compatible with expansion
of such system to districts other than the district comprising the  city
of New York.
  S  3. The state finance law is amended by adding a new section 98-d to
read as follows:
  S 98-D. MEDICAID IDENTIFICATION AND  ANTI-FRAUD  BIOMETRIC  TECHNOLOGY
PROGRAM  TRUST FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE  A
FUND TO BE KNOWN AS THE MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
TECHNOLOGY PROGRAM TRUST FUND.
  2.  SUCH  FUND SHALL CONSIST OF TWENTY PERCENT OF ALL MONEYS RECOVERED
BY THE OFFICE OF THE ATTORNEY GENERAL AND THE  OFFICE  OF  THE  MEDICAID
INSPECTOR GENERAL RELATING TO MEDICAID FRAUD. ANY INTEREST EARNED BY THE
INVESTMENT  OF MONEYS IN SUCH FUND SHALL BE ADDED TO SUCH FUND, BECOME A
PART OF SUCH FUND, AND BE USED FOR THE PURPOSE OF SUCH FUND.
  3. MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND  ALLO-
CATION ONLY TO THE DEPARTMENT OF HEALTH FOR THE PURPOSES OF CARRYING OUT
THE  PROVISIONS  OF THE MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
TECHNOLOGY PROGRAM TRUST FUND ESTABLISHED PURSUANT TO ARTICLE  TWO-B  OF
THE PUBLIC HEALTH LAW.
  4.  THE  MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH OR HIS DULY DESIGNATED REPRESENTATIVE.
  S 4. This act shall take effect immediately; provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

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

                                 6555--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of  A. N. RIVERA, JEFFRIES, CRESPO, LINARES, COLTON,
  GIBSON, HEASTIE, SPANO, CASTRO, WEPRIN, J. RIVERA, P. RIVERA,  JAFFEE,
  MONTESANO,  RAIA,  DUPREY, ZEBROWSKI -- Multi-Sponsored by -- M. of A.
  ABBATE, ARROYO, BOYLAND, BROOK-KRASNY, CALHOUN, CAMARA, CONTE, CROUCH,
  GUNTHER, JOHNS, MAISEL, MALLIOTAKIS, McDONOUGH, McENENY, MOYA,  PERRY,
  PRETLOW, RAMOS, RODRIGUEZ, SAYWARD, STEVENSON, TENNEY -- read once and
  referred  to  the  Committee  on  Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to  establishing  the
  Medicaid  identification  and anti-fraud biometric technology program;
  and to amend the  social  services  law,  in  relation  to  conforming
  medical assistance identification with the Medicaid identification and
  anti-fraud biometric technology program

  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  article
2-B to read as follows:
                                ARTICLE 2-B
            MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
                           TECHNOLOGY PROGRAM
SECTION 290. MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
               PROGRAM.
        291. DEFINITIONS.
        292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.
        293. RULES AND REGULATIONS.
  S  290.  MEDICAID  IDENTIFICATION  AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
PROGRAM. THERE IS HEREBY ESTABLISHED  IN  THE  DEPARTMENT  THE  MEDICAID
IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY PROGRAM.
  S 291. DEFINITIONS. AS USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09573-08-1
              

A. 6555--B                          2

  1.  "BIOMETRIC TECHNOLOGY" MEANS TECHNOLOGY THAT MEASURES AND ANALYZES
BIOLOGICAL DATA, INCLUDING BUT  NOT  LIMITED  TO  DNA,  FINGER  IMAGING,
VASCULAR  PATTERNS,  EYE  RETINAS  AND  IRISES,  VOICE  PATTERNS, FACIAL
PATTERNS AND HAND MEASUREMENTS, FOR AUTHENTICATION PURPOSES.
  2.    "BIOMETRIC  VERIFICATION DEVICE" MEANS A DEVICE CAPABLE OF USING
BIOMETRIC VERIFICATION TECHNOLOGY TO VERIFY THE IDENTITY OF  A  MEDICAID
RECIPIENT OR PROVIDER.
  S  292.  BIOMETRIC  TECHNOLOGY  USE REQUIREMENT. 1. THE DEPARTMENT, IN
CONSULTATION WITH THE OFFICE OF THE MEDICAID INSPECTOR GENERAL  AND  THE
OFFICE OF THE ATTORNEY GENERAL, SHALL DEVELOP A REQUEST FOR PROPOSALS TO
IMPLEMENT  A PROGRAM REQUIRING THE USE OF BIOMETRIC TECHNOLOGY BY HOSPI-
TALS, CLINICS AND PHARMACIES, FOR THE PURPOSES OF PATIENT  AND  PROVIDER
IDENTIFICATION  AND FOR USE AS AN ANTI-FRAUD APPLICATION IN THE MEDICAID
PROGRAM.
  2. SUCH REQUEST FOR PROPOSALS SHALL INCLUDE  AT  A  MINIMUM  THAT  (A)
MEDICAID RECIPIENTS AND PROVIDERS SHALL PROVIDE BIOMETRIC PROOF OF THEIR
IDENTITY  ALONG  WITH  OTHER INFORMATION DEEMED NECESSARY BY THE COMMIS-
SIONER.
  (B) SUCH PROGRAM WILL BE CAPABLE OF STORING BIOMETRIC  MARKERS  AND  A
LOG  OF  DOCTOR AND PHARMACY VISITS FOR EACH SERVICE BILLED TO THE MEDI-
CAID PROGRAM.
  (C) MEDICAID IDENTIFICATION SHALL BE ISSUED TO  AND  ACCEPTED  BY  THE
ADMITTING  STAFF  OF  HEALTH  CARE  FACILITIES,  MEDICAL STAFF PROVIDING
SERVICE TO MEDICAID RECIPIENTS AND PHARMACY STAFF.
  (D) MEDICAID RECIPIENTS SHALL BE REQUIRED TO PROVIDE  BIOMETRIC  PROOF
OF  IDENTIFY  AT THE TIME OF EACH VISIT TO A DOCTORS OFFICE OR CLINIC AT
THE POINT OF ACTUALLY BEING SEEN BY THE DOCTOR OR  CLINICAL  STAFF,  AND
SHALL  AGAIN  PROVIDE  PROOF  OF  IDENTITY  UPON  COMPLETION  OF CARE OR
SERVICES.
  (E) BIOMETRIC VERIFICATION DEVICES SHALL  BE  USED  IN  PHARMACIES  TO
VERIFY  THE  IDENTITY  OF THE MEDICAID RECIPIENT AND THE VALIDITY OF THE
MEDICAID  COVERAGE  PRIOR  TO  OR  IN   CONJUNCTION   WITH   FILLING   A
PRESCRIPTION.
  (F)   PROVISIONS   SHALL   BE   INCLUDED  FOR  EMERGENCY  SERVICES  OR
PRESCRIPTIONS AND ALTERNATE IDENTIFICATION METHODS FOR MEDICAID  RECIPI-
ENTS PHYSICALLY OR MENTALLY UNABLE TO PROVIDE BIOMETRIC IDENTIFICATION.
  (G) FRAUD PREVENTION MARKERS INCORPORATED INTO SOFTWARE WHICH SHALL BE
USED TO OPERATE THE HARDWARE COMPONENT OF THE BIOMETRIC TECHNOLOGY SHALL
PREVENT  AND/OR REJECT THE PAYMENT BY THE MEDICAID PROGRAM AND ALERT THE
SERVICE PROVIDER AT POINT OF SERVICE IF  FRAUD  OR  POTENTIAL  FRAUD  IS
IDENTIFIED BY THE BIOMETRIC TECHNOLOGY SYSTEM.
  (H)  PROVISIONS  SHALL  BE INCLUDED TO ENSURE THAT MEDICAID RECIPIENTS
HAVE ACCESS TO EMERGENCY HEALTH SERVICES IN  THE  CASE  OF  A  BIOMETRIC
TECHNOLOGY SYSTEM MALFUNCTION OR FRAUD DETECTION ALARM.
  3.  SUCH  REQUEST FOR PROPOSALS SHALL SET FORTH REQUIREMENTS AS TO THE
RESULTS AND GOALS TO BE ACHIEVED, RATHER THAN SPECIFIC TECHNICAL METHODS
OR SYSTEMS, TO ALLOW CONSIDERATION OF  THE  WIDEST  POSSIBLE  CHOICE  OF
AVAILABLE TECHNOLOGY.
  4.  SUCH REQUEST FOR PROPOSALS SHALL REQUIRE THAT THE PROGRAM SHALL BE
REVENUE NEUTRAL FROM INCEPTION, WHEREBY ANY PROGRAM COSTS ARE  AT  LEAST
OFFSET  BY  STATE  MEDICAID  SAVINGS,  AND  SHALL HAVE AS A PRIMARY GOAL
REDUCTION OF MEDICAID EXPENDITURES  THROUGH  ELIMINATION  OF  FRAUD  AND
ABUSE.
  5.  (A) SUCH REQUEST FOR PROPOSALS FOR THE IMPLEMENTATION OF A PROGRAM
FOR BIOMETRIC TECHNOLOGY USE SHALL BE PUBLISHED  ON  OR  BEFORE  JANUARY

A. 6555--B                          3

FIFTEENTH,  TWO  THOUSAND TWELVE, AND SHALL PROVIDE THAT PROPOSALS SHALL
BE OPENED ON OR BEFORE MARCH FIRST, TWO THOUSAND TWELVE.
  (B) THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE MARCH
THIRTIETH, TWO THOUSAND TWELVE WITH REGARD TO THE PROGRESS MADE  IN  THE
DEVELOPMENT OF CRITERIA FOR A PROGRAM OF BIOMETRIC IDENTIFICATION AND OF
THE IMPLEMENTATION OF SUCH PROGRAM.
  S  293.  RULES  AND  REGULATIONS.  THE  COMMISSIONER IS AUTHORIZED AND
DIRECTED TO PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE MAY  DEEM
NECESSARY OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S  2.    Subdivision 1 of section 367-b of the social services law, as
added by chapter 639 of the laws of 1976, is amended to read as follows:
  1. The department, IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH,
shall  design  and  implement a statewide medical assistance information
and payments system for the purpose of providing individual  and  aggre-
gate  data  to  social services districts to assist them in making basic
management decisions, to the department  and  other  state  agencies  to
assist  in  the administration of the medical assistance program, and to
the governor and the legislature as may be necessary to assist in making
major administrative and policy decisions affecting such program.   Such
system shall be designed so as to be capable of the following:
  a. receiving and processing information relating to the eligibility of
each  person  applying  for  medical assistance and of issuing a medical
assistance identification card, AND WHEN AVAILABLE UTILIZING THE  BIOME-
TRIC  IDENTIFICATION  ISSUED  BY THE DEPARTMENT OF HEALTH, CONFORMING TO
THE REQUIREMENTS SET FORTH IN THE MEDICAID IDENTIFICATION AND ANTI-FRAUD
BIOMETRIC TECHNOLOGY PROGRAM ESTABLISHED PURSUANT TO  ARTICLE  TWO-B  OF
THE  PUBLIC  HEALTH LAW to persons determined by a social services offi-
cial to be eligible for such assistance;
  b.   ACTIVATING MEDICAL  ASSISTANCE  IDENTIFICATION  BY  REQUIRING  AN
APPLICANT  RECEIVING  SUCH IDENTIFICATION FROM THE DEPARTMENT TO HAVE IT
VERIFIED AT A SOCIAL SERVICES DISTRICT OFFICE  IN  THE  SOCIAL  SERVICES
DISTRICT IN WHICH THE APPLICANT RESIDES;
  C.  receiving  and  processing  information relating to each qualified
provider of medical assistance furnishing care, services or supplies for
which claims for payment are made pursuant to this title;
  [c.] D. receiving and processing, in a form and manner  prescribed  by
the  department, all claims for medical care, services and supplies, and
making payments for valid claims to providers of medical care,  services
and supplies on behalf of social services districts; AND
  [d.]  E.  maintaining  information  necessary to allow the department,
consistent with the powers and duties of the department  of  health,  to
review the appropriateness, scope and duration of medical care, services
and  supplies provided to any eligible person pursuant to this chapter[;
and
  e. initiating  implementation  of  such  a  system  for  the  district
comprising  the  city of New York, in a manner compatible with expansion
of such system to districts other than the district comprising the  city
of New York].
  S 3.  This act shall take effect immediately.

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

                                 6555--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of  A. N. RIVERA, JEFFRIES, CRESPO, LINARES, COLTON,
  GIBSON, HEASTIE, CASTRO, WEPRIN, J. RIVERA, P. RIVERA, JAFFEE, MONTES-
  ANO, RAIA, DUPREY, ZEBROWSKI -- Multi-Sponsored by -- M. of A. ABBATE,
  ARROYO,  BOYLAND,  BROOK-KRASNY,  CALHOUN,  CAMARA,   CONTE,   CROUCH,
  GUNTHER,  JOHNS, MAISEL, MALLIOTAKIS, McDONOUGH, McENENY, MOYA, PERRY,
  PRETLOW, RAMOS, RODRIGUEZ, SAYWARD, STEVENSON, TENNEY -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Health in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the public health law, in relation to  establishing  the
  Medicaid  identification  and anti-fraud biometric technology program;
  and to amend the  social  services  law,  in  relation  to  conforming
  medical assistance identification with the Medicaid identification and
  anti-fraud biometric technology program

  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  article
2-B to read as follows:
                                ARTICLE 2-B
            MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
                           TECHNOLOGY PROGRAM
SECTION 290. MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
               PROGRAM.
        291. DEFINITIONS.
        292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.
        293. RULES AND REGULATIONS.
  S  290.  MEDICAID  IDENTIFICATION  AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
PROGRAM. THERE IS HEREBY ESTABLISHED  IN  THE  DEPARTMENT  THE  MEDICAID
IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY PROGRAM.
  S 291. DEFINITIONS. AS USED IN THIS ARTICLE:

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09573-09-2

A. 6555--C                          2

  1.  "BIOMETRIC TECHNOLOGY" MEANS TECHNOLOGY THAT MEASURES AND ANALYZES
BIOLOGICAL DATA, INCLUDING BUT  NOT  LIMITED  TO  DNA,  FINGER  IMAGING,
VASCULAR  PATTERNS,  EYE  RETINAS  AND  IRISES,  VOICE  PATTERNS, FACIAL
PATTERNS AND HAND MEASUREMENTS, FOR AUTHENTICATION PURPOSES.
  2.    "BIOMETRIC  VERIFICATION DEVICE" MEANS A DEVICE CAPABLE OF USING
BIOMETRIC VERIFICATION TECHNOLOGY TO VERIFY THE IDENTITY OF  A  MEDICAID
RECIPIENT OR PROVIDER.
  S  292.  BIOMETRIC  TECHNOLOGY  USE REQUIREMENT. 1. THE DEPARTMENT, IN
CONSULTATION WITH THE OFFICE OF THE MEDICAID INSPECTOR GENERAL  AND  THE
OFFICE OF THE ATTORNEY GENERAL, SHALL DEVELOP A REQUEST FOR PROPOSALS TO
IMPLEMENT  A PROGRAM REQUIRING THE USE OF BIOMETRIC TECHNOLOGY BY HOSPI-
TALS, CLINICS AND PHARMACIES, FOR THE PURPOSES OF PATIENT  AND  PROVIDER
IDENTIFICATION  AND FOR USE AS AN ANTI-FRAUD APPLICATION IN THE MEDICAID
PROGRAM.
  2. SUCH REQUEST FOR PROPOSALS SHALL INCLUDE  AT  A  MINIMUM  THAT  (A)
MEDICAID RECIPIENTS AND PROVIDERS SHALL PROVIDE BIOMETRIC PROOF OF THEIR
IDENTITY  ALONG  WITH  OTHER INFORMATION DEEMED NECESSARY BY THE COMMIS-
SIONER.
  (B) SUCH PROGRAM WILL BE CAPABLE OF STORING BIOMETRIC  MARKERS  AND  A
LOG  OF  DOCTOR AND PHARMACY VISITS FOR EACH SERVICE BILLED TO THE MEDI-
CAID PROGRAM.
  (C) MEDICAID IDENTIFICATION SHALL BE ISSUED TO  AND  ACCEPTED  BY  THE
ADMITTING  STAFF  OF  HEALTH  CARE  FACILITIES,  MEDICAL STAFF PROVIDING
SERVICE TO MEDICAID RECIPIENTS AND PHARMACY STAFF.
  (D) MEDICAID RECIPIENTS SHALL BE REQUIRED TO PROVIDE  BIOMETRIC  PROOF
OF  IDENTIFY  AT THE TIME OF EACH VISIT TO A DOCTORS OFFICE OR CLINIC AT
THE POINT OF ACTUALLY BEING SEEN BY THE DOCTOR OR  CLINICAL  STAFF,  AND
SHALL  AGAIN  PROVIDE  PROOF  OF  IDENTITY  UPON  COMPLETION  OF CARE OR
SERVICES.
  (E) BIOMETRIC VERIFICATION DEVICES SHALL  BE  USED  IN  PHARMACIES  TO
VERIFY  THE  IDENTITY  OF THE MEDICAID RECIPIENT AND THE VALIDITY OF THE
MEDICAID  COVERAGE  PRIOR  TO  OR  IN   CONJUNCTION   WITH   FILLING   A
PRESCRIPTION.
  (F)   PROVISIONS   SHALL   BE   INCLUDED  FOR  EMERGENCY  SERVICES  OR
PRESCRIPTIONS AND ALTERNATE IDENTIFICATION METHODS FOR MEDICAID  RECIPI-
ENTS PHYSICALLY OR MENTALLY UNABLE TO PROVIDE BIOMETRIC IDENTIFICATION.
  (G) FRAUD PREVENTION MARKERS INCORPORATED INTO SOFTWARE WHICH SHALL BE
USED TO OPERATE THE HARDWARE COMPONENT OF THE BIOMETRIC TECHNOLOGY SHALL
PREVENT  AND/OR REJECT THE PAYMENT BY THE MEDICAID PROGRAM AND ALERT THE
SERVICE PROVIDER AT POINT OF SERVICE IF  FRAUD  OR  POTENTIAL  FRAUD  IS
IDENTIFIED BY THE BIOMETRIC TECHNOLOGY SYSTEM.
  (H)  PROVISIONS  SHALL  BE INCLUDED TO ENSURE THAT MEDICAID RECIPIENTS
HAVE ACCESS TO EMERGENCY HEALTH SERVICES IN  THE  CASE  OF  A  BIOMETRIC
TECHNOLOGY SYSTEM MALFUNCTION OR FRAUD DETECTION ALARM.
  (I)  EVALUATION AND SELECTION OF AN IDENTIFY CREDENTIALING SYSTEM THAT
ADDRESSES THE REQUIREMENTS OF MEDICAID BENEFICIARIES AND PROVIDERS SHALL
BE BASED  ON  THE  FOLLOWING  CRITERIA:  SECURITY,  PRIVACY,  USABILITY,
PERFORMANCE,  HYGIENE,  BIOMETRIC  CAPTURE AND STORAGE REQUIREMENTS, AND
INTEROPERABILITY.
  3. SUCH REQUEST FOR PROPOSALS SHALL SET FORTH REQUIREMENTS AS  TO  THE
RESULTS AND GOALS TO BE ACHIEVED, RATHER THAN SPECIFIC TECHNICAL METHODS
OR  SYSTEMS,  TO  ALLOW  CONSIDERATION  OF THE WIDEST POSSIBLE CHOICE OF
AVAILABLE TECHNOLOGY.
  4. SUCH REQUEST FOR PROPOSALS SHALL REQUIRE THAT THE PROGRAM SHALL  BE
REVENUE  NEUTRAL  FROM INCEPTION, WHEREBY ANY PROGRAM COSTS ARE AT LEAST
OFFSET BY STATE MEDICAID SAVINGS, AND  SHALL  HAVE  AS  A  PRIMARY  GOAL

A. 6555--C                          3

REDUCTION  OF  MEDICAID  EXPENDITURES  THROUGH  ELIMINATION OF FRAUD AND
ABUSE.
  5.  (A) SUCH REQUEST FOR PROPOSALS FOR THE IMPLEMENTATION OF A PROGRAM
FOR BIOMETRIC TECHNOLOGY USE SHALL BE PUBLISHED  ON  OR  BEFORE  JANUARY
FIFTEENTH, TWO THOUSAND THIRTEEN, AND SHALL PROVIDE THAT PROPOSALS SHALL
BE OPENED ON OR BEFORE MARCH FIRST, TWO THOUSAND THIRTEEN.
  (B) THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE MARCH
THIRTIETH, TWO THOUSAND THIRTEEN WITH REGARD TO THE PROGRESS MADE IN THE
DEVELOPMENT OF CRITERIA FOR A PROGRAM OF BIOMETRIC IDENTIFICATION AND OF
THE IMPLEMENTATION OF SUCH PROGRAM.
  S 293. RULES AND  REGULATIONS.  THE  COMMISSIONER  IS  AUTHORIZED  AND
DIRECTED  TO PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM
NECESSARY OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S 2.  Subdivision 1 of section 367-b of the social  services  law,  as
added by chapter 639 of the laws of 1976, is amended to read as follows:
  1.  The  department,  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
shall design and implement a statewide  medical  assistance  information
and  payments  system for the purpose of providing individual and aggre-
gate data to social services districts to assist them  in  making  basic
management  decisions,  to  the  department  and other state agencies to
assist in the administration of the medical assistance program,  and  to
the governor and the legislature as may be necessary to assist in making
major  administrative and policy decisions affecting such program.  Such
system shall be designed so as to be capable of the following:
  a. receiving and processing information relating to the eligibility of
each person applying for medical assistance and  of  issuing  a  medical
assistance  identification card, AND WHEN AVAILABLE UTILIZING THE BIOME-
TRIC IDENTIFICATION ISSUED BY THE DEPARTMENT OF  HEALTH,  CONFORMING  TO
THE REQUIREMENTS SET FORTH IN THE MEDICAID IDENTIFICATION AND ANTI-FRAUD
BIOMETRIC  TECHNOLOGY  PROGRAM  ESTABLISHED PURSUANT TO ARTICLE TWO-B OF
THE PUBLIC HEALTH LAW to persons determined by a social  services  offi-
cial to be eligible for such assistance;
  b.    ACTIVATING  MEDICAL  ASSISTANCE  IDENTIFICATION  BY REQUIRING AN
APPLICANT RECEIVING SUCH IDENTIFICATION FROM THE DEPARTMENT TO  HAVE  IT
VERIFIED  AT  A  SOCIAL  SERVICES DISTRICT OFFICE IN THE SOCIAL SERVICES
DISTRICT IN WHICH THE APPLICANT RESIDES;
  C. receiving and processing information  relating  to  each  qualified
provider of medical assistance furnishing care, services or supplies for
which claims for payment are made pursuant to this title;
  [c.]  D.  receiving and processing, in a form and manner prescribed by
the department, all claims for medical care, services and supplies,  and
making  payments for valid claims to providers of medical care, services
and supplies on behalf of social services districts; AND
  [d.] E. maintaining information necessary  to  allow  the  department,
consistent  with  the  powers and duties of the department of health, to
review the appropriateness, scope and duration of medical care, services
and supplies provided to any eligible person pursuant to this  chapter[;
and
  e.  initiating  implementation  of  such  a  system  for  the district
comprising the city of New York, in a manner compatible  with  expansion
of  such system to districts other than the district comprising the city
of New York].
  S 3.  This act shall take effect immediately.

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

                                 6555--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of  A. N. RIVERA, JEFFRIES, CRESPO, LINARES, COLTON,
  GIBSON, HEASTIE, CASTRO, WEPRIN, J. RIVERA, P. RIVERA, JAFFEE, MONTES-
  ANO, RAIA, DUPREY, ZEBROWSKI, SAYWARD -- Multi-Sponsored by --  M.  of
  A.  ABBATE,  ARROYO,  BOYLAND,  BROOK-KRASNY,  CALHOUN, CAMARA, CONTE,
  CROUCH, GUNTHER, JOHNS, MAISEL, MALLIOTAKIS, McDONOUGH, McENENY, MOYA,
  PERRY, PRETLOW, RAMOS, RODRIGUEZ, STEVENSON, TENNEY -- read  once  and
  referred  to  the  Committee  on  Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Health in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN  ACT  to amend the public health law, in relation to establishing the
  Medicaid identification and anti-fraud biometric  technology  program;
  and  to  amend  the  social  services  law,  in relation to conforming
  medical assistance identification with the Medicaid identification and
  anti-fraud biometric technology program

  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 article
2-B to read as follows:
                                ARTICLE 2-B
            MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
                           TECHNOLOGY PROGRAM
SECTION 290. MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
               PROGRAM.
        291. DEFINITIONS.
        292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09573-13-2
              

A. 6555--D                          2

        293. RULES AND REGULATIONS.
  S  290.  MEDICAID  IDENTIFICATION  AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
PROGRAM. THERE IS HEREBY ESTABLISHED  IN  THE  DEPARTMENT  THE  MEDICAID
IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY PROGRAM.
  S 291. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "BIOMETRIC TECHNOLOGY" MEANS TECHNOLOGY THAT MEASURES AND ANALYZES
BIOLOGICAL DATA, INCLUDING BUT  NOT  LIMITED  TO  DNA,  FINGER  IMAGING,
VASCULAR  PATTERNS,  EYE  RETINAS  AND  IRISES,  VOICE  PATTERNS, FACIAL
PATTERNS AND HAND MEASUREMENTS, FOR AUTHENTICATION PURPOSES.
  2.  "BIOMETRIC VERIFICATION DEVICE" MEANS A DEVICE  CAPABLE  OF  USING
BIOMETRIC  VERIFICATION  TECHNOLOGY TO VERIFY THE IDENTITY OF A MEDICAID
RECIPIENT OR PROVIDER.
  S 292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.  1.  THE  DEPARTMENT,  IN
CONSULTATION  WITH  THE OFFICE OF THE MEDICAID INSPECTOR GENERAL AND THE
OFFICE OF THE ATTORNEY GENERAL, SHALL DEVELOP A REQUEST FOR PROPOSALS TO
IMPLEMENT A PROGRAM REQUIRING THE USE OF BIOMETRIC TECHNOLOGY BY  HOSPI-
TALS,  CLINICS  AND PHARMACIES, FOR THE PURPOSES OF PATIENT AND PROVIDER
IDENTIFICATION AND FOR USE AS AN ANTI-FRAUD APPLICATION IN THE  MEDICAID
PROGRAM.
  2.  SUCH  REQUEST  FOR  PROPOSALS  SHALL INCLUDE AT A MINIMUM THAT (A)
MEDICAID RECIPIENTS AND PROVIDERS SHALL PROVIDE BIOMETRIC PROOF OF THEIR
IDENTITY ALONG WITH OTHER INFORMATION DEEMED NECESSARY  BY  THE  COMMIS-
SIONER.
  (B)  SUCH  PROGRAM  WILL BE CAPABLE OF STORING BIOMETRIC MARKERS AND A
LOG OF DOCTOR AND PHARMACY VISITS FOR EACH SERVICE BILLED TO  THE  MEDI-
CAID PROGRAM.
  (C)  MEDICAID  IDENTIFICATION  SHALL  BE ISSUED TO AND ACCEPTED BY THE
ADMITTING STAFF OF  HEALTH  CARE  FACILITIES,  MEDICAL  STAFF  PROVIDING
SERVICE TO MEDICAID RECIPIENTS AND PHARMACY STAFF.
  (D)  MEDICAID  RECIPIENTS SHALL BE REQUIRED TO PROVIDE BIOMETRIC PROOF
OF IDENTIFY AT THE TIME OF EACH VISIT TO A DOCTORS OFFICE OR  CLINIC  AT
THE  POINT  OF  ACTUALLY BEING SEEN BY THE DOCTOR OR CLINICAL STAFF, AND
SHALL AGAIN PROVIDE  PROOF  OF  IDENTITY  UPON  COMPLETION  OF  CARE  OR
SERVICES.
  (E)  BIOMETRIC  VERIFICATION  DEVICES  SHALL  BE USED IN PHARMACIES TO
VERIFY THE IDENTITY OF THE MEDICAID RECIPIENT AND THE  VALIDITY  OF  THE
MEDICAID   COVERAGE   PRIOR   TO   OR  IN  CONJUNCTION  WITH  FILLING  A
PRESCRIPTION.
  (F)  PROVISIONS  SHALL  BE  INCLUDED   FOR   EMERGENCY   SERVICES   OR
PRESCRIPTIONS  AND ALTERNATE IDENTIFICATION METHODS FOR MEDICAID RECIPI-
ENTS PHYSICALLY OR MENTALLY UNABLE TO PROVIDE BIOMETRIC IDENTIFICATION.
  (G) FRAUD PREVENTION MARKERS INCORPORATED INTO SOFTWARE WHICH SHALL BE
USED TO OPERATE THE HARDWARE COMPONENT OF THE BIOMETRIC TECHNOLOGY SHALL
PREVENT AND/OR REJECT THE PAYMENT BY THE MEDICAID PROGRAM AND ALERT  THE
SERVICE  PROVIDER  AT  POINT  OF  SERVICE IF FRAUD OR POTENTIAL FRAUD IS
IDENTIFIED BY THE BIOMETRIC TECHNOLOGY SYSTEM.
  (H) PROVISIONS SHALL BE INCLUDED TO ENSURE  THAT  MEDICAID  RECIPIENTS
HAVE  ACCESS  TO  EMERGENCY  HEALTH  SERVICES IN THE CASE OF A BIOMETRIC
TECHNOLOGY SYSTEM MALFUNCTION OR FRAUD DETECTION ALARM.
  (I) EVALUATION AND SELECTION OF AN IDENTIFY CREDENTIALING SYSTEM  THAT
ADDRESSES THE REQUIREMENTS OF MEDICAID BENEFICIARIES AND PROVIDERS SHALL
BE  BASED  ON  THE  FOLLOWING  CRITERIA:  SECURITY,  PRIVACY, USABILITY,
PERFORMANCE, HYGIENE, BIOMETRIC CAPTURE AND  STORAGE  REQUIREMENTS,  AND
INTEROPERABILITY.
  3.  SUCH  REQUEST FOR PROPOSALS SHALL SET FORTH REQUIREMENTS AS TO THE
RESULTS AND GOALS TO BE ACHIEVED, RATHER THAN SPECIFIC TECHNICAL METHODS

A. 6555--D                          3

OR SYSTEMS, TO ALLOW CONSIDERATION OF  THE  WIDEST  POSSIBLE  CHOICE  OF
AVAILABLE TECHNOLOGY.
  4.  SUCH  REQUEST  FOR  PROPOSALS  SHALL REQUIRE: (A) THAT THE PROGRAM
SHALL BE REVENUE NEUTRAL FROM INCEPTION, WHEREBY ANY PROGRAM  COSTS  ARE
AT  LEAST  OFFSET BY STATE MEDICAID SAVINGS, AND SHALL HAVE AS A PRIMARY
GOAL REDUCTION OF MEDICAID EXPENDITURES THROUGH ELIMINATION OF FRAUD AND
ABUSE; AND (B) THAT THE PROGRAM SHALL BE COST NEUTRAL TO PROVIDERS  FROM
INCEPTION,  WHEREBY  ANY  PROVIDER COSTS ARE AT LEAST OFFSET BY PROVIDER
SAVINGS, AND SHALL HAVE AS  A  PRIMARY  GOAL  PROVIDER  SAVINGS  THROUGH
INCREASED EFFICIENCIES.
  5.  (A) SUCH REQUEST FOR PROPOSALS FOR THE IMPLEMENTATION OF A PROGRAM
FOR BIOMETRIC TECHNOLOGY USE SHALL BE PUBLISHED  ON  OR  BEFORE  JANUARY
FIFTEENTH, TWO THOUSAND THIRTEEN, AND SHALL PROVIDE THAT PROPOSALS SHALL
BE OPENED ON OR BEFORE MARCH FIRST, TWO THOUSAND THIRTEEN.
  (B) THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE MARCH
THIRTIETH, TWO THOUSAND THIRTEEN WITH REGARD TO THE PROGRESS MADE IN THE
DEVELOPMENT OF CRITERIA FOR A PROGRAM OF BIOMETRIC IDENTIFICATION AND OF
THE IMPLEMENTATION OF SUCH PROGRAM.
  S 293. RULES AND  REGULATIONS.  THE  COMMISSIONER  IS  AUTHORIZED  AND
DIRECTED  TO PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM
NECESSARY OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S 2.  Subdivision 1 of section 367-b of the social  services  law,  as
added by chapter 639 of the laws of 1976, is amended to read as follows:
  1.  The  department,  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
shall design and implement a statewide  medical  assistance  information
and  payments  system for the purpose of providing individual and aggre-
gate data to social services districts to assist them  in  making  basic
management  decisions,  to  the  department  and other state agencies to
assist in the administration of the medical assistance program,  and  to
the governor and the legislature as may be necessary to assist in making
major  administrative and policy decisions affecting such program.  Such
system shall be designed so as to be capable of the following:
  a. receiving and processing information relating to the eligibility of
each person applying for medical assistance and  of  issuing  a  medical
assistance  identification card, AND WHEN AVAILABLE UTILIZING THE BIOME-
TRIC IDENTIFICATION ISSUED BY THE DEPARTMENT OF  HEALTH,  CONFORMING  TO
THE REQUIREMENTS SET FORTH IN THE MEDICAID IDENTIFICATION AND ANTI-FRAUD
BIOMETRIC  TECHNOLOGY  PROGRAM  ESTABLISHED PURSUANT TO ARTICLE TWO-B OF
THE PUBLIC HEALTH LAW to persons determined by a social  services  offi-
cial to be eligible for such assistance;
  b.    ACTIVATING  MEDICAL  ASSISTANCE  IDENTIFICATION  BY REQUIRING AN
APPLICANT RECEIVING SUCH IDENTIFICATION FROM THE DEPARTMENT TO  HAVE  IT
VERIFIED  AT  A  SOCIAL  SERVICES DISTRICT OFFICE IN THE SOCIAL SERVICES
DISTRICT IN WHICH THE APPLICANT RESIDES;
  C. receiving and processing information  relating  to  each  qualified
provider of medical assistance furnishing care, services or supplies for
which claims for payment are made pursuant to this title;
  [c.]  D.  receiving and processing, in a form and manner prescribed by
the department, all claims for medical care, services and supplies,  and
making  payments for valid claims to providers of medical care, services
and supplies on behalf of social services districts; AND
  [d.] E. maintaining information necessary  to  allow  the  department,
consistent  with  the  powers and duties of the department of health, to
review the appropriateness, scope and duration of medical care, services

A. 6555--D                          4

and supplies provided to any eligible person pursuant to this  chapter[;
and
  e.  initiating  implementation  of  such  a  system  for  the district
comprising the city of New York, in a manner compatible  with  expansion
of  such system to districts other than the district comprising the city
of New York].
  S 3.  This act shall take effect immediately.

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

                                 6555--E

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of  A. N. RIVERA, JEFFRIES, CRESPO, LINARES, COLTON,
  GIBSON, HEASTIE, CASTRO, WEPRIN, J. RIVERA, P. RIVERA, JAFFEE, MONTES-
  ANO, RAIA, DUPREY, ZEBROWSKI, SAYWARD, ROBINSON,  STEVENSON,  SCARBOR-
  OUGH  --  Multi-Sponsored  by  --  M.  of  A. ABBATE, ARROYO, BOYLAND,
  BROOK-KRASNY, CALHOUN, CAMARA, CONTE, CROUCH, GUNTHER,  JOHNS,  MAGEE,
  MAISEL,  MALLIOTAKIS, McDONOUGH, McENENY, MOYA, PERRY, PRETLOW, RAMOS,
  RODRIGUEZ, TENNEY -- read once and referred to the Committee on Health
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee -- recommitted to the Committee on Health in accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee

AN ACT to amend the public health law, in relation to  establishing  the
  Medicaid  identification  and anti-fraud biometric technology program;
  and to amend the  social  services  law,  in  relation  to  conforming
  medical assistance identification with the Medicaid identification and
  anti-fraud biometric technology program

  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  article
2-B to read as follows:
                                ARTICLE 2-B
            MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
                           TECHNOLOGY PROGRAM
SECTION 290. MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
               PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09573-15-2
              

A. 6555--E                          2

        291. DEFINITIONS.
        292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.
        293. RULES AND REGULATIONS.
  S  290.  MEDICAID  IDENTIFICATION  AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
PROGRAM. THERE IS HEREBY ESTABLISHED  IN  THE  DEPARTMENT  THE  MEDICAID
IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY PROGRAM.
  S 291. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "BIOMETRIC TECHNOLOGY" MEANS TECHNOLOGY THAT MEASURES AND ANALYZES
BIOLOGICAL DATA, INCLUDING BUT  NOT  LIMITED  TO  DNA,  FINGER  IMAGING,
VASCULAR  PATTERNS,  EYE  RETINAS  AND  IRISES,  VOICE  PATTERNS, FACIAL
PATTERNS AND HAND MEASUREMENTS, FOR AUTHENTICATION PURPOSES.
  2.  "BIOMETRIC VERIFICATION DEVICE" MEANS A DEVICE  CAPABLE  OF  USING
BIOMETRIC  VERIFICATION  TECHNOLOGY TO VERIFY THE IDENTITY OF A MEDICAID
RECIPIENT OR PROVIDER.
  S 292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.  1.  THE  DEPARTMENT,  IN
CONSULTATION  WITH  THE OFFICE OF THE MEDICAID INSPECTOR GENERAL AND THE
OFFICE OF THE ATTORNEY GENERAL, SHALL DEVELOP A REQUEST FOR PROPOSALS TO
IMPLEMENT A PROGRAM REQUIRING THE USE OF BIOMETRIC TECHNOLOGY BY  HOSPI-
TALS,  CLINICS  AND PHARMACIES, FOR THE PURPOSES OF PATIENT AND PROVIDER
IDENTIFICATION AND FOR USE AS AN ANTI-FRAUD APPLICATION IN THE  MEDICAID
PROGRAM.
  2.  SUCH  REQUEST  FOR  PROPOSALS  SHALL INCLUDE AT A MINIMUM THAT (A)
MEDICAID RECIPIENTS AND PROVIDERS SHALL PROVIDE BIOMETRIC PROOF OF THEIR
IDENTITY ALONG WITH OTHER INFORMATION DEEMED NECESSARY  BY  THE  COMMIS-
SIONER.
  (B)  SUCH  PROGRAM  WILL BE CAPABLE OF STORING BIOMETRIC MARKERS AND A
LOG OF DOCTOR AND PHARMACY VISITS FOR EACH SERVICE BILLED TO  THE  MEDI-
CAID PROGRAM.
  (C)  MEDICAID  IDENTIFICATION  SHALL  BE ISSUED TO AND ACCEPTED BY THE
ADMITTING STAFF OF  HEALTH  CARE  FACILITIES,  MEDICAL  STAFF  PROVIDING
SERVICE TO MEDICAID RECIPIENTS AND PHARMACY STAFF.
  (D)  MEDICAID  RECIPIENTS SHALL BE REQUIRED TO PROVIDE BIOMETRIC PROOF
OF IDENTIFY AT THE TIME OF EACH VISIT TO A DOCTORS OFFICE OR  CLINIC  AT
THE  POINT  OF  ACTUALLY BEING SEEN BY THE DOCTOR OR CLINICAL STAFF, AND
SHALL AGAIN PROVIDE  PROOF  OF  IDENTITY  UPON  COMPLETION  OF  CARE  OR
SERVICES.
  (E)  BIOMETRIC  VERIFICATION  DEVICES  SHALL  BE USED IN PHARMACIES TO
VERIFY THE IDENTITY OF THE MEDICAID RECIPIENT AND THE  VALIDITY  OF  THE
MEDICAID   COVERAGE   PRIOR   TO   OR  IN  CONJUNCTION  WITH  FILLING  A
PRESCRIPTION.
  (F)  PROVISIONS  SHALL  BE  INCLUDED   FOR   EMERGENCY   SERVICES   OR
PRESCRIPTIONS  AND ALTERNATE IDENTIFICATION METHODS FOR MEDICAID RECIPI-
ENTS PHYSICALLY OR MENTALLY UNABLE TO PROVIDE BIOMETRIC IDENTIFICATION.
  (G) FRAUD PREVENTION MARKERS INCORPORATED INTO SOFTWARE WHICH SHALL BE
USED TO OPERATE THE HARDWARE COMPONENT OF THE BIOMETRIC TECHNOLOGY SHALL
PREVENT AND/OR REJECT THE PAYMENT BY THE MEDICAID PROGRAM AND ALERT  THE
SERVICE  PROVIDER  AT  POINT  OF  SERVICE IF FRAUD OR POTENTIAL FRAUD IS
IDENTIFIED BY THE BIOMETRIC TECHNOLOGY SYSTEM.
  (H) PROVISIONS SHALL BE INCLUDED TO ENSURE  THAT  MEDICAID  RECIPIENTS
HAVE  ACCESS  TO  EMERGENCY  HEALTH  SERVICES IN THE CASE OF A BIOMETRIC
TECHNOLOGY SYSTEM MALFUNCTION OR FRAUD DETECTION ALARM.
  (I) EVALUATION AND SELECTION OF AN IDENTIFY CREDENTIALING SYSTEM  THAT
ADDRESSES THE REQUIREMENTS OF MEDICAID BENEFICIARIES AND PROVIDERS SHALL
BE  BASED  ON  THE  FOLLOWING  CRITERIA:  SECURITY,  PRIVACY, USABILITY,
PERFORMANCE, HYGIENE, BIOMETRIC CAPTURE AND  STORAGE  REQUIREMENTS,  AND
INTEROPERABILITY.

A. 6555--E                          3

  3.  SUCH  REQUEST FOR PROPOSALS SHALL SET FORTH REQUIREMENTS AS TO THE
RESULTS AND GOALS TO BE ACHIEVED, RATHER THAN SPECIFIC TECHNICAL METHODS
OR SYSTEMS, TO ALLOW CONSIDERATION OF  THE  WIDEST  POSSIBLE  CHOICE  OF
AVAILABLE TECHNOLOGY.
  4.  SUCH  REQUEST  FOR  PROPOSALS  SHALL REQUIRE: (A) THAT THE PROGRAM
SHALL BE REVENUE NEUTRAL FROM INCEPTION, WHEREBY ANY PROGRAM  COSTS  ARE
AT  LEAST  OFFSET BY STATE MEDICAID SAVINGS, AND SHALL HAVE AS A PRIMARY
GOAL REDUCTION OF MEDICAID EXPENDITURES THROUGH ELIMINATION OF FRAUD AND
ABUSE; AND (B) THAT THE PROGRAM SHALL BE COST NEUTRAL TO PROVIDERS  FROM
INCEPTION,  WHEREBY  ANY  PROVIDER COSTS ARE AT LEAST OFFSET BY PROVIDER
SAVINGS, AND SHALL HAVE AS  A  PRIMARY  GOAL  PROVIDER  SAVINGS  THROUGH
INCREASED EFFICIENCIES.
  5.  (A) SUCH REQUEST FOR PROPOSALS FOR THE IMPLEMENTATION OF A PROGRAM
FOR BIOMETRIC TECHNOLOGY USE SHALL BE PUBLISHED  ON  OR  BEFORE  JANUARY
FIFTEENTH, TWO THOUSAND THIRTEEN, AND SHALL PROVIDE THAT PROPOSALS SHALL
BE OPENED ON OR BEFORE MARCH FIRST, TWO THOUSAND THIRTEEN.
  (B) THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE MARCH
THIRTIETH, TWO THOUSAND THIRTEEN WITH REGARD TO THE PROGRESS MADE IN THE
DEVELOPMENT OF CRITERIA FOR A PROGRAM OF BIOMETRIC IDENTIFICATION AND OF
THE IMPLEMENTATION OF SUCH PROGRAM.
  6. NO GOVERNMENT ENTITY, INCLUDING LOCAL SOCIAL SERVICES  DEPARTMENTS,
OR PARTICIPATING HEALTH CARE PROVIDER SHALL STORE OR SHARE ANY BIOMETRIC
DATA UTILIZED OR REQUESTED PURSUANT TO THIS ARTICLE.
  S  293.  RULES  AND  REGULATIONS.  THE  COMMISSIONER IS AUTHORIZED AND
DIRECTED TO PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE MAY  DEEM
NECESSARY OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S  2.    Subdivision 1 of section 367-b of the social services law, as
added by chapter 639 of the laws of 1976, is amended to read as follows:
  1. The department, IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH,
shall  design  and  implement a statewide medical assistance information
and payments system for the purpose of providing individual  and  aggre-
gate  data  to  social services districts to assist them in making basic
management decisions, to the department  and  other  state  agencies  to
assist  in  the administration of the medical assistance program, and to
the governor and the legislature as may be necessary to assist in making
major administrative and policy decisions affecting such program.   Such
system shall be designed so as to be capable of the following:
  a. receiving and processing information relating to the eligibility of
each  person  applying  for  medical assistance and of issuing a medical
assistance identification card, AND WHEN AVAILABLE UTILIZING THE  BIOME-
TRIC  IDENTIFICATION  ISSUED  BY THE DEPARTMENT OF HEALTH, CONFORMING TO
THE REQUIREMENTS SET FORTH IN THE MEDICAID IDENTIFICATION AND ANTI-FRAUD
BIOMETRIC TECHNOLOGY PROGRAM ESTABLISHED PURSUANT TO  ARTICLE  TWO-B  OF
THE  PUBLIC  HEALTH LAW to persons determined by a social services offi-
cial to be eligible for such assistance;
  b.   ACTIVATING MEDICAL  ASSISTANCE  IDENTIFICATION  BY  REQUIRING  AN
APPLICANT  RECEIVING  SUCH IDENTIFICATION FROM THE DEPARTMENT TO HAVE IT
VERIFIED AT A SOCIAL SERVICES DISTRICT OFFICE  IN  THE  SOCIAL  SERVICES
DISTRICT IN WHICH THE APPLICANT RESIDES;
  C.  receiving  and  processing  information relating to each qualified
provider of medical assistance furnishing care, services or supplies for
which claims for payment are made pursuant to this title;
  [c.] D. receiving and processing, in a form and manner  prescribed  by
the  department, all claims for medical care, services and supplies, and

A. 6555--E                          4

making payments for valid claims to providers of medical care,  services
and supplies on behalf of social services districts; AND
  [d.]  E.  maintaining  information  necessary to allow the department,
consistent with the powers and duties of the department  of  health,  to
review the appropriateness, scope and duration of medical care, services
and  supplies provided to any eligible person pursuant to this chapter[;
and
  e. initiating  implementation  of  such  a  system  for  the  district
comprising  the  city of New York, in a manner compatible with expansion
of such system to districts other than the district comprising the  city
of New York].
  S 3.  This act shall take effect immediately.

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

                                 6555--F

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of  A. N. RIVERA, JEFFRIES, CRESPO, LINARES, COLTON,
  GIBSON, HEASTIE, CASTRO, WEPRIN, J. RIVERA, P. RIVERA, JAFFEE, MONTES-
  ANO, RAIA, DUPREY, ZEBROWSKI, SAYWARD, ROBINSON,  STEVENSON,  SCARBOR-
  OUGH,  HOOPER  --  Multi-Sponsored  by  --  M.  of  A. ABBATE, ARROYO,
  BOYLAND, BROOK-KRASNY, CALHOUN, CAMARA, CONTE, CROUCH, GUNTHER, JOHNS,
  MAGEE, MAISEL, MALLIOTAKIS, McDONOUGH, McENENY, MOYA, PERRY,  PRETLOW,
  RAMOS,  REILICH,  RODRIGUEZ,  TENNEY  -- read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Health in accordance with Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to amend the public health law, in relation to establishing the
  Medicaid identification and anti-fraud biometric  technology  program;
  and  to  amend  the  social  services  law,  in relation to conforming
  medical assistance identification with the Medicaid identification and
  anti-fraud biometric technology program

  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 article
2-B to read as follows:
                                ARTICLE 2-B
            MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC
                           TECHNOLOGY PROGRAM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09573-17-2
              

A. 6555--F                          2

SECTION 290. MEDICAID IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
               PROGRAM.
        291. DEFINITIONS.
        292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.
        293. RULES AND REGULATIONS.
  S  290.  MEDICAID  IDENTIFICATION  AND ANTI-FRAUD BIOMETRIC TECHNOLOGY
PROGRAM. THERE IS HEREBY ESTABLISHED  IN  THE  DEPARTMENT  THE  MEDICAID
IDENTIFICATION AND ANTI-FRAUD BIOMETRIC TECHNOLOGY PROGRAM.
  S 291. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "BIOMETRIC TECHNOLOGY" MEANS TECHNOLOGY THAT MEASURES AND ANALYZES
BIOLOGICAL DATA, INCLUDING BUT  NOT  LIMITED  TO  DNA,  FINGER  IMAGING,
VASCULAR  PATTERNS,  EYE  RETINAS  AND  IRISES,  VOICE  PATTERNS, FACIAL
PATTERNS AND HAND MEASUREMENTS, FOR AUTHENTICATION PURPOSES.
  2.  "BIOMETRIC VERIFICATION DEVICE" MEANS A DEVICE  CAPABLE  OF  USING
BIOMETRIC  VERIFICATION  TECHNOLOGY TO VERIFY THE IDENTITY OF A MEDICAID
RECIPIENT OR PROVIDER.
  S 292. BIOMETRIC TECHNOLOGY USE REQUIREMENT.  1.  THE  DEPARTMENT,  IN
CONSULTATION  WITH  THE OFFICE OF THE MEDICAID INSPECTOR GENERAL AND THE
OFFICE OF THE ATTORNEY GENERAL, SHALL DEVELOP A REQUEST FOR PROPOSALS TO
IMPLEMENT A PROGRAM REQUIRING THE USE OF BIOMETRIC TECHNOLOGY BY  HOSPI-
TALS,  CLINICS  AND PHARMACIES, FOR THE PURPOSES OF PATIENT AND PROVIDER
IDENTIFICATION AND FOR USE AS AN ANTI-FRAUD APPLICATION IN THE  MEDICAID
PROGRAM.
  2.  SUCH  REQUEST  FOR  PROPOSALS  SHALL INCLUDE AT A MINIMUM THAT (A)
MEDICAID RECIPIENTS AND PROVIDERS SHALL PROVIDE BIOMETRIC PROOF OF THEIR
IDENTITY ALONG WITH OTHER INFORMATION DEEMED NECESSARY  BY  THE  COMMIS-
SIONER.
  (B)  SUCH  PROGRAM  WILL BE CAPABLE OF STORING BIOMETRIC MARKERS AND A
LOG OF DOCTOR AND PHARMACY VISITS FOR EACH SERVICE BILLED TO  THE  MEDI-
CAID PROGRAM.
  (C)  MEDICAID  IDENTIFICATION  SHALL  BE ISSUED TO AND ACCEPTED BY THE
ADMITTING STAFF OF  HEALTH  CARE  FACILITIES,  MEDICAL  STAFF  PROVIDING
SERVICE TO MEDICAID RECIPIENTS AND PHARMACY STAFF.
  (D)  MEDICAID  RECIPIENTS SHALL BE REQUIRED TO PROVIDE BIOMETRIC PROOF
OF IDENTIFY AT THE TIME OF EACH VISIT TO A DOCTORS OFFICE OR  CLINIC  AT
THE  POINT  OF  ACTUALLY BEING SEEN BY THE DOCTOR OR CLINICAL STAFF, AND
SHALL AGAIN PROVIDE  PROOF  OF  IDENTITY  UPON  COMPLETION  OF  CARE  OR
SERVICES.
  (E)  BIOMETRIC  VERIFICATION  DEVICES  SHALL  BE USED IN PHARMACIES TO
VERIFY THE IDENTITY OF THE MEDICAID RECIPIENT AND THE  VALIDITY  OF  THE
MEDICAID   COVERAGE   PRIOR   TO   OR  IN  CONJUNCTION  WITH  FILLING  A
PRESCRIPTION.
  (F)  PROVISIONS  SHALL  BE  INCLUDED   FOR   EMERGENCY   SERVICES   OR
PRESCRIPTIONS  AND ALTERNATE IDENTIFICATION METHODS FOR MEDICAID RECIPI-
ENTS PHYSICALLY OR MENTALLY UNABLE TO PROVIDE BIOMETRIC IDENTIFICATION.
  (G) FRAUD PREVENTION MARKERS INCORPORATED INTO SOFTWARE WHICH SHALL BE
USED TO OPERATE THE HARDWARE COMPONENT OF THE BIOMETRIC TECHNOLOGY SHALL
PREVENT AND/OR REJECT THE PAYMENT BY THE MEDICAID PROGRAM AND ALERT  THE
SERVICE  PROVIDER  AT  POINT  OF  SERVICE IF FRAUD OR POTENTIAL FRAUD IS
IDENTIFIED BY THE BIOMETRIC TECHNOLOGY SYSTEM.
  (H) PROVISIONS SHALL BE INCLUDED TO ENSURE  THAT  MEDICAID  RECIPIENTS
HAVE  ACCESS  TO  EMERGENCY  HEALTH  SERVICES IN THE CASE OF A BIOMETRIC
TECHNOLOGY SYSTEM MALFUNCTION OR FRAUD DETECTION ALARM.
  (I) EVALUATION AND SELECTION OF AN IDENTIFY CREDENTIALING SYSTEM  THAT
ADDRESSES THE REQUIREMENTS OF MEDICAID BENEFICIARIES AND PROVIDERS SHALL
BE  BASED  ON  THE  FOLLOWING  CRITERIA:  SECURITY,  PRIVACY, USABILITY,

A. 6555--F                          3

PERFORMANCE, HYGIENE, BIOMETRIC CAPTURE AND  STORAGE  REQUIREMENTS,  AND
INTEROPERABILITY.
  3.  SUCH  REQUEST FOR PROPOSALS SHALL SET FORTH REQUIREMENTS AS TO THE
RESULTS AND GOALS TO BE ACHIEVED, RATHER THAN SPECIFIC TECHNICAL METHODS
OR SYSTEMS, TO ALLOW CONSIDERATION OF  THE  WIDEST  POSSIBLE  CHOICE  OF
AVAILABLE TECHNOLOGY.
  4.  SUCH  REQUEST  FOR  PROPOSALS  SHALL REQUIRE: (A) THAT THE PROGRAM
SHALL BE REVENUE NEUTRAL FROM INCEPTION, WHEREBY ANY PROGRAM  COSTS  ARE
AT  LEAST  OFFSET BY STATE MEDICAID SAVINGS, AND SHALL HAVE AS A PRIMARY
GOAL REDUCTION OF MEDICAID EXPENDITURES THROUGH ELIMINATION OF FRAUD AND
ABUSE; AND (B) THAT THE PROGRAM SHALL BE COST NEUTRAL TO PROVIDERS  FROM
INCEPTION,  WHEREBY  ANY  PROVIDER COSTS ARE AT LEAST OFFSET BY PROVIDER
SAVINGS, AND SHALL HAVE AS  A  PRIMARY  GOAL  PROVIDER  SAVINGS  THROUGH
INCREASED EFFICIENCIES.
  5.  (A) SUCH REQUEST FOR PROPOSALS FOR THE IMPLEMENTATION OF A PROGRAM
FOR BIOMETRIC TECHNOLOGY USE SHALL BE PUBLISHED  ON  OR  BEFORE  JANUARY
FIFTEENTH, TWO THOUSAND THIRTEEN, AND SHALL PROVIDE THAT PROPOSALS SHALL
BE OPENED ON OR BEFORE MARCH FIRST, TWO THOUSAND THIRTEEN.
  (B) THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE MARCH
THIRTIETH, TWO THOUSAND THIRTEEN WITH REGARD TO THE PROGRESS MADE IN THE
DEVELOPMENT OF CRITERIA FOR A PROGRAM OF BIOMETRIC IDENTIFICATION AND OF
THE IMPLEMENTATION OF SUCH PROGRAM.
  S 293. RULES AND  REGULATIONS.  THE  COMMISSIONER  IS  AUTHORIZED  AND
DIRECTED  TO PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM
NECESSARY OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S 2.  Subdivision 1 of section 367-b of the social  services  law,  as
added by chapter 639 of the laws of 1976, is amended to read as follows:
  1.  The  department,  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
shall design and implement a statewide  medical  assistance  information
and  payments  system for the purpose of providing individual and aggre-
gate data to social services districts to assist them  in  making  basic
management  decisions,  to  the  department  and other state agencies to
assist in the administration of the medical assistance program,  and  to
the governor and the legislature as may be necessary to assist in making
major  administrative and policy decisions affecting such program.  Such
system shall be designed so as to be capable of the following:
  a. receiving and processing information relating to the eligibility of
each person applying for medical assistance and  of  issuing  a  medical
assistance  identification card, AND WHEN AVAILABLE UTILIZING THE BIOME-
TRIC IDENTIFICATION ISSUED BY THE DEPARTMENT OF  HEALTH,  CONFORMING  TO
THE REQUIREMENTS SET FORTH IN THE MEDICAID IDENTIFICATION AND ANTI-FRAUD
BIOMETRIC  TECHNOLOGY  PROGRAM  ESTABLISHED PURSUANT TO ARTICLE TWO-B OF
THE PUBLIC HEALTH LAW to persons determined by a social  services  offi-
cial to be eligible for such assistance;
  b.    ACTIVATING  MEDICAL  ASSISTANCE  IDENTIFICATION  BY REQUIRING AN
APPLICANT RECEIVING SUCH IDENTIFICATION FROM THE DEPARTMENT TO  HAVE  IT
VERIFIED  AT  A  SOCIAL  SERVICES DISTRICT OFFICE IN THE SOCIAL SERVICES
DISTRICT IN WHICH THE APPLICANT RESIDES;
  C. receiving and processing information  relating  to  each  qualified
provider of medical assistance furnishing care, services or supplies for
which claims for payment are made pursuant to this title;
  [c.]  D.  receiving and processing, in a form and manner prescribed by
the department, all claims for medical care, services and supplies,  and
making  payments for valid claims to providers of medical care, services
and supplies on behalf of social services districts; AND

A. 6555--F                          4

  [d.] E. maintaining information necessary  to  allow  the  department,
consistent  with  the  powers and duties of the department of health, to
review the appropriateness, scope and duration of medical care, services
and supplies provided to any eligible person pursuant to this  chapter[;
and
  e.  initiating  implementation  of  such  a  system  for  the district
comprising the city of New York, in a manner compatible  with  expansion
of  such system to districts other than the district comprising the city
of New York].
  S 3.  This act shall take effect immediately.