S T A T E O F N E W Y O R K
________________________________________________________________________
3583
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. MORELLE, COOK, GALEF, BROOK-KRASNY, SKOUFIS --
Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, BRINDISI, JAFFEE,
MAGNARELLI, McDONALD, OTIS, PEOPLES-STOKES, STECK, STIRPE, THIELE,
ZEBROWSKI -- read once and referred 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 two 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD04428-02-5
A. 3583 2
(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
(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.