Assembly Bill A5461

2019-2020 Legislative Session

Relates to creating incentives for counties to investigate and prosecute medicaid fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A5461 (ACTIVE) - Details

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: A9494
2013-2014: A5042
2015-2016: A5113
2017-2018: A4281
2021-2022: A4880
2023-2024: A1723, A6014

2019-A5461 (ACTIVE) - Summary

Creates incentives for counties to investigate and prosecute medicaid fraud.

2019-A5461 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5461
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M. of A. GOODELL, GIGLIO, DiPIETRO, CROUCH, MORINELLO --
   Multi-Sponsored by -- M. of A.  B. MILLER,  ORTIZ  --  read  once  and
   referred to the Committee on Health
 
 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.
   §  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.
                                                            LBD03079-01-9
              

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