senate Bill S4067

2013-2014 Legislative Session

Relates to providers of goods and services to local social services districts under the medical assistance program

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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
Jun 11, 2014 referred to health
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1243
committee discharged and committed to rules
Jan 08, 2014 referred to health
returned to senate
died in assembly
Jun 13, 2013 referred to health
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1335
committee discharged and committed to rules
Mar 06, 2013 referred to health

Votes

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Jun 10, 2014 - Rules committee Vote

S4067
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 17, 2013 - Rules committee Vote

S4067
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S4067
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S4067 - Bill Details

See Assembly Version of this Bill:
A8718
Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Amd §364, Soc Serv L; add §37, Pub Health L

S4067 - Bill Texts

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Relates to providers of goods and services to local social services districts under the medical assistance program.

view sponsor memo
BILL NUMBER:S4067

TITLE OF BILL: An act to amend the social services law and the public
health law, in relation to providers of goods or services to local
social services districts under the medical assistance program

PURPOSE: This legislation relates to providers of goods and services
to local social services districts under the medical assistance
program.

SUMMARY OF PROVISIONS:

Section 1 - Amends Subdivision 2 of section 364 of the social services
law by adding a new paragraph (i).

Section 2 - Amends the public health law by adding a new section 37.

Section 3 - Effective date

JUSTIFICATION: This bill will strengthen the limited background check
currently conducted for this local Medicaid waiver program which
provides home renovations to low income disabled individuals. This
change will save taxpayer dollars by eliminating the use of
contractors who have a criminal record as a result of these additional
safeguards.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None - Medicaid fraud savings will exceed
nominal cost of background checks.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become a law, 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
effective date is authorized to be made and completed on or before
such date.

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

                                  4067

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health

AN ACT to amend the social services law and the public  health  law,  in
  relation  to  providers  of goods or services to local social services
  districts under the medical assistance program

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

  Section  1. Subdivision 2 of section 364 of the social services law is
amended by adding 2 new paragraphs (i) and (j) to read as follows:
  (I) ESTABLISHING A POLICY FOR COMPLETING BACKGROUND CHECKS ON PROSPEC-
TIVE APPLICANTS FOR THE PROVISION OF GOODS OR SERVICES TO A LOCAL SOCIAL
SERVICES DISTRICT UNDER THE  MEDICAL  ASSISTANCE  PROGRAM.  SUCH  POLICY
SHALL APPLY ONE UNIFORM STANDARD FOR THE COMPLETION OF BACKGROUND CHECKS
FOR ALL APPLICANTS.
  (J)  ESTABLISHING  AN  ATTESTATION FOR APPLICANTS FOR THE PROVISION OF
GOODS OR SERVICES TO A LOCAL SOCIAL SERVICES DISTRICT UNDER THE  MEDICAL
ASSISTANCE PROGRAM. SUCH ATTESTATION SHALL BE IN A MANNER AND FORM TO BE
DETERMINED  BY THE COMMISSIONER OF HEALTH, SHALL BE SIGNED BY THE APPLI-
CANT ON BEHALF OF ANY EXECUTIVE OF THE APPLICANT AND  ANY  AFFILIATE  OF
THE  APPLICANT  AND  SHALL  INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING
STATEMENTS:
  (I) THAT ANY  EXECUTIVE  OR  AFFILIATE  OF  THE  APPLICANT  WAS  NEVER
CONVICTED OF A CRIME RELATED TO HEALTH CARE FRAUD;
  (II)  THAT  ANY  EXECUTIVE  OR  AFFILIATE  OF  THE APPLICANT HAS NEVER
VIOLATED THE FEDERAL FALSE CLAIMS ACT;
  (III) THAT ANY EXECUTIVE OR  AFFILIATE  OF  THE  APPLICANT  WAS  NEVER
CONVICTED  OF  AN  ACT THAT WOULD BE A FELONY UNDER TITLE K OF THE PENAL
LAW;
  (IV) THAT ANY EXECUTIVE OR AFFILIATE OF THE APPLICANT HAS NOT  ENGAGED
IN  BEHAVIOR THAT WOULD INDICATE THAT SUCH EXECUTIVE OR AFFILIATE OF THE
APPLICANT IS UNSUITABLE TO PROVIDE SUCH GOODS OR SERVICES; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09640-02-3

S. 4067                             2

  (V) ANY OTHER STATEMENT THAT SUCH COMMISSIONER DEEMS NECESSARY.
  S  2.  The  public health law is amended by adding a new section 37 to
read as follows:
  S 37.  MEDICAL ASSISTANCE PROGRAM; EXCLUDED APPLICANT.  THE  INSPECTOR
SHALL,  UPON  RECEIVING  NOTICE  THAT AN APPLICANT, ANY EXECUTIVE OF THE
APPLICANT OR ANY AFFILIATE OF THE APPLICANT TO PROVIDE GOODS OR SERVICES
TO A LOCAL SOCIAL SERVICES DISTRICT UNDER THE MEDICAL ASSISTANCE PROGRAM
HAS:  (1) BEEN CONVICTED OF A CRIME RELATED TO HEALTH  CARE  FRAUD;  (2)
VIOLATED THE FEDERAL FALSE CLAIMS ACT; (3) BEEN CONVICTED OF AN ACT THAT
WOULD  BE  A  FELONY  UNDER  TITLE K OF THE PENAL LAW; OR (4) ENGAGED IN
BEHAVIOR THAT WOULD INDICATE THAT SUCH APPLICANT, EXECUTIVE OR AFFILIATE
OF THE APPLICANT IS UNSUITABLE TO PROVIDE SUCH GOODS OR SERVICES,  SHALL
EXCLUDE SUCH APPLICANT, ANY EXECUTIVE OF THE APPLICANT AND ANY AFFILIATE
OF THE APPLICANT FROM SUCH GOODS OR SERVICES.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law, 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 effective date  is  authorized
to be made and completed on or before such date.

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