NY State Senate Bill 2013-S4424

Archive: Last Bill Status - In Senate Committee Finance 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
Jan 08, 2014	referred to finance
Mar 27, 2013	referred to finance

2013-S4424 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add Art 3-A §§30 - 33, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1593
2011-2012: S1077

2013-S4424 (ACTIVE) - Summary

Relates to medicaid expenditure reporting; requires the governor to submit to the legislature within 30 days of the executive budget, a detailed medicaid expenditure report enumerating all medicaid expenditures, the provisions of law authorizing such expenditures and a 3-year financial projection of anticipated expenditures.

2013-S4424 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4424

TITLE OF BILL:  An act to amend the state finance law, in relation to
medicaid expenditure reporting

PURPOSE:

To provide legislators, the Governor, and the public with a five-year
review of prior Medicaid spending, projections for the next three
years, and to establish a requirement for three-year Medicaid
budgeting.

SUMMARY OF PROVISIONS:

Section one of this bill adds new Article 3-A, entitled "Medicaid
Expenditure Reporting," to the State Finance Law.

New State Finance Law section 30 defines the terms used in new Article
3-A.

New State Finance Law section 31 requires that the Governor submit to
the Legislature within 30 days of the budget submission a Medicaid
Expenditure Report containing the following:

A. Current and Prior Years: (a) an enumeration of all Medicaid
expenditures; (b) the provisions of law authorizing the expenditures,

their effective dates, and if applicable, the dates on which they
expire or are reduced; (c) estimates prepared by the appropriate State
agency, in conjunction with the Director of the Budget, of the cost of
such expenditures for the (i) current fiscal year and (ii) the five
preceding fiscal years; (d) any recommendations to the governor
regarding continuing, modifying, or repealing such Medicaid
expenditures, and such other information regarding expenditures as the
governor deems appropriate; (e) for proposed Medicaid budget changes
recommended by the Governor, an analysis of the number and types of
persons and entities expected to benefit from such expenditures, an
estimate of the costs of such expenditures for the coming fiscal year,
and an explanation of the reasons for the proposals; (f) any comment,
if any, on the effectiveness and efficiency of other expenditures.

B. Three Year Projection: This part of the report is to include a
three- year financial projection which shall show anticipated Medicaid
expenditures for the ensuing fiscal year and for the two years
following the ensuing fiscal year by fund type and revenue source. The
projection must also include an explanation of any proposed changes to
the financial plans, and include explanations of the economic,
statutory and other assumptions used to estimate the disbursements,
expenditures, receipts and revenues which are presented.

New section 32 provides that all information furnished in the Report
shall be subject to the applicable provisions of law regarding
confidentiality.

New section 33 requires the Governor to submit a Medicaid expenditure
budget bill. The bill is to consist of three sections: (a) The first
section contains all appropriations and reappropriations required for
Medicaid expenditures during the next succeeding fiscal year. (b) The


second section contains appropriations and reappropriations required
for Medicaid expenditures during the second succeeding fiscal year.
These appropriations have as an effective date the first day of the
second succeeding fiscal year, and are otherwise treated as if they
had been passed by the legislature on the first day of that fiscal
year. (c) The third section contains prospective appropriations and
prospective reappropriations required for Medicaid during the third
succeeding fiscal year. Because the State constitution limits the life
of an appropriation to two years, these appropriations will have no
effective date, but will provide an accurate listing of appropriations
that will be required in the third fiscal year. The budget bill will
also include, or the Governor may submit an additional bill which
includes, statutory changes required to implement appropriations
during each of the fiscal years covered in the Medicaid expenditure
appropriation bill.

Section two of the bill provides that this act shall take effect
immediately.

EXISTING LAW:

Currently, the Governor is not required to either furnish a report, as
outlined in this bill, concerning Medicaid expenditures or submit a
separate budget bill for Medicaid expenditures.

JUSTIFICATION:

The intent of this bill is to provide more information to the
Legislature, the Governor, and the public concerning one of New York's
major expenditure areas, Medicaid. Too often judgments are based on
what may or may not happen within the 12-month cycle of the State
fiscal year. By requiring the provision of information over a longer
time-span, and three-year budgeting, policy-makers will have the
opportunity to make long-range decisions.

LEGISLATIVE HISTORY:

2011-12: S.1077 - Referred to Finance
2009-10: S.1093 - Referred to Finance
2007-8: S.206 - Passed Senate both years
2005-6: S.3497 - Passed Senate both years

FISCAL IMPLICATIONS:

Although no expenditure of state monies would be incurred, this bill
would provide for an improved accounting of state Medicaid dollars,
thereby permitting the Legislature and Public with the ability to
attack waste fraud and unnecessary expenditures.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S4424 (ACTIVE) - Bill Text download pdf

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

                                  4424

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

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

AN ACT to amend the state finance law, in relation to medicaid  expendi-
  ture reporting

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

  Section 1. The state finance law is amended by adding  a  new  article
3-A to read as follows:
                               ARTICLE 3-A
                     MEDICAID EXPENDITURE REPORTING
SECTION 30. MEDICAID EXPENDITURE REPORTING; DEFINITIONS.
        31. ANNUAL MEDICAID EXPENDITURE REPORT.
        32. CONFIDENTIALITY PROVISIONS.
        33. MEDICAID EXPENDITURE BUDGET BILL.
  S  30.  MEDICAID  EXPENDITURE  REPORTING; DEFINITIONS. AS USED IN THIS
ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "MEDICAID EXPENDITURES" MEANS ANY ITEM OF EXPENDITURE FROM ANY FUND
OF THE STATE WHICH IS SPENT PURSUANT TO THE MEDICAL ASSISTANCE  FOR  THE
NEEDY PROGRAM.
  2.  "COST  OF  MEDICAID EXPENDITURE" MEANS THE ESTIMATED AMOUNT OF ANY
ITEM OF EXPENDITURE FROM ANY FUND OF THE STATE  IN  FURTHERANCE  OF  ANY
PROGRAM FUNDED IN ANY MEASURE PURSUANT TO THE MEDICAL ASSISTANCE FOR THE
NEEDY PROGRAM.
  3.  "ITEM  OF  EXPENDITURE"  MEANS  ANY  MEDICAID  EXPENDITURE FOR ANY
PURPOSE TO ANY CLASS OR GROUPING OF VENDORS THAT INCLUDES MORE THAN  ONE
VENDOR.
  S 31. ANNUAL MEDICAID EXPENDITURE REPORT. 1. IN ADDITION TO THE INFOR-
MATION  REQUIRED  BY  ARTICLE  SEVEN  OF THE CONSTITUTION AND BY SECTION
TWENTY-TWO OF THIS CHAPTER, THE GOVERNOR SHALL SUBMIT  TO  THE  LEGISLA-
TURE,  AS  EARLY AS PRACTICABLE, BUT NO LATER THAN THIRTY DAYS FOLLOWING
THE SUBMISSION OF THE EXECUTIVE BUDGET, A  MEDICAID  EXPENDITURE  REPORT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10083-01-3

S. 4424                             2

CONTAINING THE FOLLOWING INFORMATION AND STATEMENTS RELATING TO MEDICAID
EXPENDITURES:
  (A) AN ENUMERATION OF ALL MEDICAID EXPENDITURES;
  (B)  THE PROVISIONS OF LAW AUTHORIZING SUCH EXPENDITURES, THEIR EFFEC-
TIVE DATES, AND IF APPLICABLE, THE  DATES  ON  WHICH  SUCH  EXPENDITURES
EXPIRE OR ARE REDUCED;
  (C) IF RELIABLE DATA IS AVAILABLE, ESTIMATES PREPARED BY THE APPROPRI-
ATE  COMMISSIONER  OR  DIRECTOR  OF  ANY  STATE  AGENCY, AS SUCH TERM IS
DEFINED IN SECTION TWO-A OF THIS CHAPTER, IN CONJUNCTION WITH THE DIREC-
TOR OF THE BUDGET, OF THE COST OF SUCH EXPENDITURES FOR THE (I)  CURRENT
FISCAL YEAR AND (II) THE FIVE PRECEDING FISCAL YEARS;
  (D)  ANY RECOMMENDATIONS TO THE GOVERNOR REGARDING CONTINUING, MODIFY-
ING, OR REPEALING SUCH MEDICAID EXPENDITURES, AND SUCH OTHER INFORMATION
REGARDING EXPENDITURES AS THE GOVERNOR DEEMS APPROPRIATE;
  (E) IF THE EXECUTIVE BUDGET INCLUDES  PROPOSALS  FOR  THE  EXPIRATION,
MODIFICATION,  OR  REPEAL OF SUCH MEDICAID EXPENDITURES OR FOR THE ADDI-
TION OF MEDICAID EXPENDITURES IN OR TO SUCH ARTICLES OR  SUCH  LAW,  THE
MEDICAID  EXPENDITURE  REPORT SHALL ALSO CONTAIN, TO THE EXTENT RELIABLE
DATA IS AVAILABLE, AN ANALYSIS OF THE NUMBER AND TYPES  OF  PERSONS  AND
ENTITIES  BENEFITING  OR  EXPECTED TO BENEFIT FROM SUCH EXPENDITURES, AN
ESTIMATE OF THE COSTS OF SUCH EXPENDITURES FOR THE COMING  FISCAL  YEAR,
AND AN EXPLANATION OF THE REASONS FOR THE PROPOSALS;
  (F)  COMMENT,  IF  ANY,  ON  THE EFFECTIVENESS AND EFFICIENCY OF OTHER
EXPENDITURES; AND
  (G) GENERAL CAUTIONARY AND ADVISORY NOTES  CONCERNING  LIMITATIONS  OF
DATA,  ESTIMATION PROCEDURES, SAMPLING ERRORS AND IMPUTED VALUES, PROMI-
NENTLY DISPLAYED.
  2. THE MEDICAID EXPENDITURE REPORT SHALL INCLUDE A  THREE-YEAR  FINAN-
CIAL  PROJECTION  WHICH SHALL SHOW ANTICIPATED MEDICAID EXPENDITURES FOR
THE ENSUING FISCAL YEAR AND FOR THE  TWO  YEARS  FOLLOWING  THE  ENSUING
FISCAL  YEAR.  FOR THE PURPOSES OF THIS THREE-YEAR FINANCIAL PROJECTION,
EXPENDITURES  SHALL  BE  PRESENTED  BY  THE  FOLLOWING  PURPOSES:  STATE
PURPOSES;  LOCAL ASSISTANCE; CAPITAL PROJECTS; DEBT SERVICE; AND GENERAL
STATE CHARGES; AND RECEIPTS AND REVENUES SHALL  BE  PRESENTED,  FOR  THE
ENSUING  AND  NEXT  SUCCESSIVE  FISCAL  YEAR BY EACH REVENUE SOURCE. THE
THREE-YEAR FINANCIAL PROJECTION SHALL  INCLUDE  AN  EXPLANATION  OF  ANY
CHANGES  TO THE FINANCIAL PLANS SUBMITTED IN ACCORDANCE WITH SUBDIVISION
ONE OF SECTION TWENTY-TWO OF THIS CHAPTER, AND INCLUDE  EXPLANATIONS  OF
THE  ECONOMIC,  STATUTORY  AND  OTHER  ASSUMPTIONS  USED TO ESTIMATE THE
DISBURSEMENTS, EXPENDITURES, RECEIPTS AND REVENUES WHICH ARE PRESENTED.
  S 32. CONFIDENTIALITY PROVISIONS. ANY INFORMATION RELATING TO MEDICAID
EXPENDITURES FURNISHED BY ANY COMMISSIONER OR DIRECTOR OF A STATE AGENCY
SHALL BE FURNISHED IN ACCORDANCE WITH ANY APPLICABLE PROVISIONS  OF  LAW
RELATING TO THE CONFIDENTIALITY OF SUCH INFORMATION.
  S  33.  MEDICAID EXPENDITURE BUDGET BILL. 1. NOTWITHSTANDING ANY OTHER
CONTRARY PROVISION OF LAW, INCLUDING ANY PROVISION OF SECTION  FORTY  OF
THIS  CHAPTER,  THE BUDGET BILLS SUBMITTED BY THE GOVERNOR SHALL INCLUDE
AN ADDITIONAL BUDGET BILL WHICH SHALL CONTAIN ALL  APPROPRIATIONS  WHICH
THE GOVERNOR FINDS WILL BE REQUIRED FOR MEDICAID EXPENDITURES DURING THE
NEXT  THREE  SUCCEEDING  FISCAL YEARS. SUCH BUDGET BILL SHALL CONSIST OF
THREE SECTIONS, AS FOLLOWS:
  (A) THE FIRST SECTION SHALL CONTAIN ALL APPROPRIATIONS AND REAPPROPRI-
ATIONS WHICH IN THE OPINION OF THE GOVERNOR WILL BE REQUIRED  FOR  MEDI-
CAID EXPENDITURES DURING THE NEXT SUCCEEDING FISCAL YEAR.  NOTWITHSTAND-
ING  THE  FOREGOING  PROVISIONS OF THIS SUBDIVISION, SUCH APPROPRIATIONS

S. 4424                             3

SHALL BE SUBJECT  TO  THE  LIMITATIONS  ESTABLISHED  BY  LAW,  INCLUDING
SECTION FORTY OF THIS CHAPTER.
  (B)  THE  SECOND  SECTION SHALL CONTAIN APPROPRIATIONS AND REAPPROPRI-
ATIONS WHICH IN THE OPINION OF THE GOVERNOR WILL BE REQUIRED  FOR  MEDI-
CAID  EXPENDITURES DURING THE SECOND SUCCEEDING FISCAL YEAR. SUCH APPRO-
PRIATIONS SHALL HAVE AS AN EFFECTIVE DATE THE FIRST DAY OF  SUCH  SECOND
SUCCEEDING FISCAL YEAR, AND SHALL WHEN EFFECTIVE BE SUBJECT TO THE LIMI-
TATIONS  ESTABLISHED BY LAW, INCLUDING SECTION FORTY OF THIS CHAPTER, AS
IF SUCH APPROPRIATIONS HAD BEEN PASSED BY THE LEGISLATURE ON  THE  FIRST
DAY OF SUCH FISCAL YEAR.
  (C)  THE  THIRD  SECTION  SHALL CONTAIN PROSPECTIVE APPROPRIATIONS AND
PROSPECTIVE REAPPROPRIATIONS WHICH IN THE OPINION OF THE  GOVERNOR  WILL
BE REQUIRED FOR MEDICAID EXPENDITURES DURING THE THIRD SUCCEEDING FISCAL
YEAR.  SUBJECT  TO  THE  LIMITATIONS IMPOSED BY SECTION SEVEN OF ARTICLE
SEVEN OF THE CONSTITUTION, SUCH APPROPRIATIONS MAY CONTAIN NO  EFFECTIVE
DATE,  BUT SHALL PROVIDE AN ACCURATE LISTING OF APPROPRIATIONS THAT WILL
BE REQUIRED IN SUCH FISCAL YEAR.
  2. SUCH BUDGET BILL SHALL INCLUDE, OR THE GOVERNOR MAY SUBMIT AN ADDI-
TIONAL BILL WHICH INCLUDES,  STATUTORY  CHANGES  REQUIRED  TO  IMPLEMENT
APPROPRIATIONS  DURING  EACH OF THE FISCAL YEARS COVERED IN THE MEDICAID
EXPENDITURE APPROPRIATION BILL.
  S 2. This act shall take effect immediately.

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Senate Bill S4424

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2013-S4424 (ACTIVE) - Details

2013-S4424 (ACTIVE) - Summary

2013-S4424 (ACTIVE) - Sponsor Memo

2013-S4424 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2013-S4424 (ACTIVE) - Details

2013-S4424 (ACTIVE) - Summary

2013-S4424 (ACTIVE) - Sponsor Memo

2013-S4424 (ACTIVE) - Bill Text download pdf

Comments