NY State Senate Bill S3019

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

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	referred to health delivered to assembly passed senate
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1166
Mar 15, 2016	reported and committed to finance
Jan 06, 2016	referred to social services returned to senate died in assembly
Jun 01, 2015	referred to health delivered to assembly passed senate
May 04, 2015	advanced to third reading
Apr 29, 2015	2nd report cal.
Apr 28, 2015	1st report cal.481
Mar 25, 2015	reported and committed to finance
Feb 02, 2015	referred to social services

Votes

view votes

Jun 2, 2016 - floor Vote

S3019

floor

Aye

Nay

Absent

Excused

Abstained

May 24, 2016 - Finance committee Vote

S3019

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 15, 2016 - Social Services committee Vote

S3019

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Social Services committee vote details

Social Services Committee Vote: Mar 15, 2016

aye (6)

aye wr (1)

Persaud

Jun 1, 2015 - floor Vote

S3019

floor

Aye

Nay

Absent

Excused

Abstained

Apr 28, 2015 - Finance committee Vote

S3019

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 25, 2015 - Social Services committee Vote

S3019

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S3019 (ACTIVE) - Details

See Assembly Version of this Bill:: A5113
Current Committee:: Assembly Health
Law Section:: Social Services Law
Laws Affected:: Add Art 5-A §370-bb, amd §145-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6881, A9494
2013-2014: S2617, A5042
2017-2018: S514, A4281
2019-2020: S995, A5461
2021-2022: A4880
2023-2024: A1723

S3019 (ACTIVE) - Summary

Creates incentives for counties to investigate and prosecute medicaid fraud.

S3019 (ACTIVE) - Sponsor Memo

BILL NUMBER:S3019

TITLE OF BILL:  An act to amend the social services law, in relation
to creating incentives for counties to investigate and prosecute
medicaid fraud

PURPOSE:

The purpose of this bill is to provide financial incentives to the
City of New York and the counties to identify and prosecute Medicaid
fraud, thereby helping eliminate fraud, waste and abuse.

SUMMARY OF PROVISIONS:

Section 1: The Social Services Law is amended by adding a new article
5A. Section 2: Amends subdivision 2 of section 145-B of the social
services law. Section 3: Establishes an immediate effective date.

JUSTIFICATION:

It is essential to minimize any waste, fraud or abuse in the Medicaid
system by encouraging and rewarding successful efforts by the City of
New York and the counties to prosecute Medicaid fraud.

The current law limits the amounts that local governments can receive
based on successful Medicaid fraud prosecution. This bill would ensure

that local governments would receive 100% of the local share of such
Medicaid payments, thereby reimbursing the local governments in full
for the original overpayment. Since the local share on some programs
may be very small, the local governments would be guaranteed at least
10% of any recovery, including settlement. The State would receive the
balance of recoveries.

By encouraging more Medicaid fraud prosecutions, the total costs of
the system will be reduced, to the benefit of both the State and local
governments. The State, of course, would be the biggest beneficiary of
the reduction in the amount of fraud and abuse because it pays a
substantially higher percentage of Medicaid costs than the local
governments.

This legislation is particularly important because the existing
Medicaid payment cap that applies to local governments inadvertently
reduced the financial incentive for local governments to root out
fraud, waste and abuse. Under the cap legislation, the cost to local
governments is automatically determined by the amount specified by the
cap rather than being based on actual costs. This bill would restore
the financial incentive to local governments by enabling them to enjoy
100% of the local share of any savings resulting from successful
Medicaid fraud prosecutions and settlements.

LEGISLATIVE HISTORY:

2014: S.2617-A/A.5042-A Passed Senate/held for consideration in health
2013: S.2617-A/A.5042-A  Passed Senate/amend and recommit to health
2012: S.6881/A.9494      Passed Senate

FISCAL IMPLICATIONS:


This bill allows the city of New York and the counties to recoup 100%
of the local share upon the successful prosecution or settlement of
Medicaid fraud, or 10% of the total recovery, whichever is greater.

EFFECTIVE DATE:

This act shall take effect immediately.

S3019 (ACTIVE) - Bill Text download pdf

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

                                  3019

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens. YOUNG, CARLUCCI, GALLIVAN, O'MARA, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Social Services

AN  ACT to amend the social services law, in relation to creating incen-
  tives for counties to investigate and prosecute medicaid fraud

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

  Section  1. The social services law is amended by adding a new article
5-A to read as follows:
                                ARTICLE 5-A
                      MEDICAID FRAUD REIMBURSEMENT
SECTION 370-BB. DISPOSITION OF MONEYS RECEIVED  AS  THE  RESULT  OF  THE
                  PROSECUTION OF MEDICAID FRAUD.
  S  370-BB.  DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF THE PROSE-
CUTION OF MEDICAID FRAUD. 1. FOR THE PURPOSES OF THIS SECTION, "MEDICAID
FRAUD" SHALL MEAN THE KNOWING COMMISSION OF ANY  CRIME  WITH  INTENT  TO
ILLEGALLY RECEIVE BENEFITS, OR REIMBURSEMENT FROM THE MEDICAL ASSISTANCE
FOR  NEEDY PERSONS PROGRAM ESTABLISHED AND ADMINISTERED PURSUANT TO THIS
CHAPTER, THE PUBLIC HEALTH LAW AND FEDERAL LAW.
  2. SHOULD ANY COUNTY OR THE CITY OF NEW  YORK  SUCCESSFULLY  PROSECUTE
ANY  CASE  FOR  MEDICAID  FRAUD  AND A COURT AWARDS RESTITUTION OR CIVIL
FORFEITURE, THE FOLLOWING  PORTION  OF  THE  NON-FEDERAL  SHARE  OF  THE
PROCEEDS  OF  SUCH RESTITUTION OR CIVIL FORFEITURE SHALL BE ALLOCATED AS
FOLLOWS:
  (I) THE COUNTY OR THE CITY OF  NEW  YORK  SHALL  RECEIVE  ONE  HUNDRED
PERCENT OF THE LOCAL SHARE OF SUCH FUNDS, IN EFFECT IMMEDIATELY PRIOR TO
SUCH  DATE  AS CERTIFIED BY THE DIVISION OF BUDGET OR TEN PERCENT OF THE
TOTAL RECOVERY WHICHEVER NUMBER IS GREATER; AND
  (II) THE REMAINDER THEREOF SHALL BE DEPOSITED INTO THE GENERAL FUND OF
THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05985-01-5

S. 3019                             2

  3. NOTHING IN THIS ARTICLE SHALL IMPAIR ANY COUNTY OR THE CITY OF  NEW
YORK'S ABILITY TO SEEK DAMAGES UNDER SECTION ONE HUNDRED FORTY-FIVE-B OF
THIS CHAPTER.
  S  2.  Paragraph  (a)  of subdivision 2 of section 145-b of the social
services law, as amended by chapter 109 of the laws of 2007, is  amended
to read as follows:
  (a)  For  civil damages collected by a local social services district,
relating to the medical assistance program, pursuant to  a  judgment  OR
SETTLEMENT  under  this  subdivision,  such amounts shall be apportioned
between the local social  services  district  and  the  state.  [If  the
violation  occurred:  (i) prior to January first, two thousand six, the]
THE amount apportioned to the local social services  district  shall  be
ONE  HUNDRED  PERCENT  OF the local share [percentage] OF SUCH FUNDS, in
effect immediately prior to such date as certified by  the  division  of
budget[,  or  (ii)  after  January  first,  two thousand six, the amount
apportioned to the local social services district shall be  based  on  a
reimbursement  schedule,  created  by  the  office of Medicaid inspector
general, in effect at the time the violation occurred; provided that, if
there is no schedule in effect at the time the violation  occurred,  the
schedule to be used shall be the first schedule adopted pursuant to this
subdivision.  Such  schedule  shall provide for reimbursement to a local
social services district in an amount between ten and fifteen percent of
the gross amount collected. Such schedule shall be set on  a  county  by
county  basis  and  shall be periodically reviewed and updated as neces-
sary; provided, however, that any such updated  schedule  shall  not  be
less  than  ten  percent  nor  greater than fifteen percent of the gross
amount collected] OR TEN PERCENT OF THE TOTAL RECOVERY WHICHEVER  NUMBER
IS GREATER; and
  S 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S3019

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Archive: Last Bill Status - Passed Senate

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Votes

Jun 2, 2016 - floor Vote

Floor Vote: Jun 2, 2016

May 24, 2016 - Finance committee Vote

Finance Committee Vote: May 24, 2016

Mar 15, 2016 - Social Services committee Vote

Social Services Committee Vote: Mar 15, 2016

Jun 1, 2015 - floor Vote

Floor Vote: Jun 1, 2015

Apr 28, 2015 - Finance committee Vote

Finance Committee Vote: Apr 28, 2015

Mar 25, 2015 - Social Services committee Vote

Social Services Committee Vote: Mar 25, 2015

Co-Sponsors

S3019 (ACTIVE) - Details

S3019 (ACTIVE) - Summary

S3019 (ACTIVE) - Sponsor Memo

S3019 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3019

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 2, 2016 - floor Vote

Floor Vote: Jun 2, 2016

May 24, 2016 - Finance committee Vote

Finance Committee Vote: May 24, 2016

Mar 15, 2016 - Social Services committee Vote

Social Services Committee Vote: Mar 15, 2016

Jun 1, 2015 - floor Vote

Floor Vote: Jun 1, 2015

Apr 28, 2015 - Finance committee Vote

Finance Committee Vote: Apr 28, 2015

Mar 25, 2015 - Social Services committee Vote

Social Services Committee Vote: Mar 25, 2015

Co-Sponsors

S3019 (ACTIVE) - Details

S3019 (ACTIVE) - Summary

S3019 (ACTIVE) - Sponsor Memo

S3019 (ACTIVE) - Bill Text download pdf

Comments