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