S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5083
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO,  BRABENEC,  DeSTEFANO,  DiPIETRO,
   J. M. GIGLIO,  LEMONDES,  MANKTELOW,  McDONOUGH,  MORINELLO,   NORRIS,
   TAGUE, WALSH -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH --
   read once and referred to the Committee on Social Services
 
 AN  ACT  to  amend  the  social  services  law, in relation to the state
   reimbursement of county payments for medical assistance  fraud,  waste
   and abuse detection software
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 368-a of the social  services  law
 is amended by adding a new paragraph (aa) to read as follows:
   (AA)  (I)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FULL AMOUNT
 EXPENDED BY THE LOCAL SOCIAL SERVICES DISTRICT  FOR  MEDICAL  ASSISTANCE
 FRAUD,  WASTE  AND ABUSE INVESTIGATIONS VIA THE USE OF DATA MINING SOFT-
 WARE SHALL BE REIMBURSED BY THE  STATE  IF  THE  COUNTY  HAS  PREVIOUSLY
 PURCHASED OR INTENDS TO PURCHASE SUCH SOFTWARE. FOR THE PURPOSES OF THIS
 PARAGRAPH, "DATA MINING SOFTWARE" SHALL MEAN A DATABASE APPLICATION THAT
 UTILIZES  ADVANCED  DATA SEARCHING CAPABILITIES AND STATISTICAL ANALYSES
 TO DISCOVER PATTERNS AND CORRELATIONS IN THE USE AND  ABUSE  OF  MEDICAL
 ASSISTANCE  PRACTICES.  ANY  COUNTY  THAT  HAS PREVIOUSLY PURCHASED SUCH
 SOFTWARE MUST SUPPLY ADEQUATE  DOCUMENTATION,  INCLUDING  ANY  RECEIPTS,
 THAT DETAILS SUCH PURCHASE. THE STATE SHALL DISBURSE GRANTS, WHEN APPLI-
 CABLE, FROM THE GENERAL FUND FOR THIS PURPOSE.
   (II)  THE  COMMISSIONER OF HEALTH MAY DEVELOP RULES AND REGULATIONS AS
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS PARAGRAPH.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05360-01-3