senate Bill S594

2011-2012 Legislative Session

Authorizes any prosecutor of competent jurisdiction to receive referrals from certain agencies

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2012 referred to health
delivered to assembly
passed senate
Mar 05, 2012 advanced to third reading
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.235
Jan 04, 2012 referred to health
returned to senate
died in assembly
Jun 06, 2011 referred to health
delivered to assembly
passed senate
Feb 28, 2011 advanced to third reading
Feb 15, 2011 2nd report cal.
Feb 14, 2011 1st report cal.84
Jan 05, 2011 referred to health

Votes

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Feb 29, 2012 - Health committee Vote

S594
12
2
committee
12
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Health Committee Vote: Feb 29, 2012

nay (2)
aye wr (2)
excused (1)

Feb 14, 2011 - Health committee Vote

S594
10
0
committee
10
Aye
0
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Feb 14, 2011

excused (1)

Co-Sponsors

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S594 - Bill Details

See Assembly Version of this Bill:
A6405
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง32, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S4774, A10047

S594 - Bill Texts

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Authorizes any prosecutor of competent jurisdiction to receive referrals from certain agencies.

view sponsor memo
BILL NUMBER:S594

TITLE OF BILL:
An act
to amend the public health law, in relation to authorizing any
prosecutor of competent jurisdiction to receive referrals from certain
agencies

PURPOSE:
To amend the Public Health Law, in relation to authorizing
any prosecutor of competent jurisdiction to receive referrals from
certain agencies.

SUMMARY OF PROVISIONS:

Section 1. Amends Subdivision 7 of section 32 of the public health law
to allow for Office of Medicaid Inspector General to refer suspected
fraud or criminality to any prosecutor of competent jurisdiction.

Section 2. effective date

JUSTIFICATION:
Approximately two years ago the Office of the Medicaid
Inspector General (OMIG) entered into a memorandum of understanding
with the Nassau County Department of Social Service (DSS) which
allowed DSS to investigate Medicaid provider fraud and keep the
county share of any recovery in exchange for working under the
supervision and control of the OMIG. The Demonstration Project, as it
is known, requires DSS to seek the OMIG's approval before starting a
Medicaid provider investigation, requires OMIG's approval of the
investigation plan, and requires DSS to turn the entire investigation
over to OMIG if any fraud is found. Once the investigation is turned
over, OMIG will review DSS's efforts, conduct any further
investigation that it deems necessary and, if the OMIG is satisfied
conduct exists, turn over the file to the Attorney General's Medicaid
Fraud Control Unit (MFCU). The MFCU that covers Nassau County is
based in Hauppauge.

This Demonstration Project working in conjunction OMIG's statute, has
created a bureaucratic chain whereby Nassau DSS is supervised by an
entity in Albany, sends its completed investigations to Albany, and
then the case travels to MFCU in Hauppauge. Meanwhile the Prosecutors
in the Nassau County District Attorney's office, sitting a mere three
miles away from the investigators at DSS, are prohibited from
offering their assistance. It is inexplicable that the county
district attorney is barred from prosecuting crimes that take place
with in the county and were investigated by a county agency.

This legislation would easily fix the problem referenced above by
amending the OMIG's statute to allow the agency to make referrals to
both the Attorney General and "any prosecutor of competent
jurisdiction."

LEGISLATIVE HISTORY:
2009-2010: Referred to Health (S.4774/A.10047)


FISCAL IMPLICATIONS:
Due to an increase in efficiency in prosecuting
Medicaid Fraud there is an estimated increase in revenue to the state

EFFECTIVE DATE:
Immediately.

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

                                   594

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO,  DeFRANCISCO, GOLDEN, HANNON, JOHNSON,
  LARKIN, NOZZOLIO, RANZENHOFER, SALAND -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  authorizing  any
  prosecutor of competent jurisdiction to receive referrals from certain
  agencies

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

  Section 1. Subdivision 7 of section 32 of the public  health  law,  as
added by chapter 442 of the laws of 2006, is amended to read as follows:
  7.  to  make  information  and evidence relating to suspected criminal
acts which he or she may obtain in carrying out his or her duties avail-
able to appropriate law enforcement officials and to  consult  with  the
deputy  attorney general for Medicaid fraud control, the welfare inspec-
tor general, and other state and federal law enforcement  officials  for
coordination of criminal investigations and prosecutions.
  The inspector shall refer suspected fraud or criminality to the deputy
attorney  general for Medicaid fraud control OR ANY PROSECUTOR OF COMPE-
TENT JURISDICTION and make any other referrals to such  deputy  attorney
general  OR  SUCH PROSECUTOR as required or contemplated by federal law.
At any time after such referral, with ten days  written  notice  to  the
deputy  attorney general for Medicaid fraud control or such shorter time
as such deputy attorney general consents to,  the  inspector  may  addi-
tionally provide relevant information about suspected fraud or criminal-
ity  to  any  other  federal  or  state  law enforcement agency that the
inspector deems appropriate under the circumstances;
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00105-01-1

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