senate Bill S773

2013-2014 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 21, 2013 referred to health
delivered to assembly
passed senate
Feb 12, 2013 advanced to third reading
Feb 11, 2013 2nd report cal.
Feb 05, 2013 1st report cal.49
Jan 09, 2013 referred to health

Votes

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Co-Sponsors

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S773 - Bill Details

See Assembly Version of this Bill:
A1450
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง32, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S594, A6405
2009-2010: S4774, A10047

S773 - Bill Texts

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

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BILL NUMBER:S773

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 bureaucratitc 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 within 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:
2011-2012: Passed the Senate (S.594/A.6405)
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
________________________________________________________________________

                                   773

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. FUSCHILLO, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ --
  read twice and ordered printed, 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.
                                                           LBD00487-01-3

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