S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7584
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to  audits  conducted
   by  the  office of Medicaid inspector general detecting ministerial or
   clerical errors that generate an overpayment to certain services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding a new section 37
 to read as follows:
   §  37.  OVERPAYMENT;  PROCEDURES,  PRACTICES  AND STANDARDS IN CERTAIN
 INSTANCES. 1. SUBJECT TO FEDERAL LAW OR REGULATION, RECOVERY OF AN OVER-
 PAYMENT RESULTING FROM THE ISSUANCE OF A FINAL  AUDIT  REPORT  OR  FINAL
 NOTICE  OF  AGENCY  ACTION BY THE INSPECTOR SHALL COMMENCE NOT LESS THAN
 SIXTY DAYS AFTER THE ISSUANCE OF THE FINAL AUDIT REPORT OR FINAL  NOTICE
 OF  AGENCY ACTION REGARDING THE DELIVERY OF NON-EMERGENCY MEDICAL TRANS-
 PORTATION SERVICES TO RECIPIENTS  ENROLLED  IN  THE  MEDICAL  ASSISTANCE
 PROGRAM.
   2.  ANY VENDOR PROVIDING NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES
 WHO HAS BEEN COMPENSATED FOR SUCH SERVICE, AND AFTER AN AUDIT  CONDUCTED
 BY  THE INSPECTOR, HAD SUCH COMPENSATION DISQUALIFIED AND DENOMINATED AN
 OVERPAYMENT DUE TO A MINISTERIAL OR INADVERTENT ERROR IN RECORD KEEPING,
 MAY BE AFFORDED A REASONABLE TIME  TO  PROVIDE  AND  SUBMIT  INDEPENDENT
 PROOF THAT SUCH SERVICE WAS ACTUALLY RENDERED TO A RECIPIENT ENROLLED IN
 THE  MEDICAL  ASSISTANCE  PROGRAM. IN SUCH INSTANCES, SUBJECT TO FEDERAL
 LAW OR REGULATION, THE INSPECTOR SHALL AMEND THE FINAL  AUDIT  OR  FINAL
 NOTICE  OF  AGENCY  ACTION  TO  ELIMINATE AND REDUCE THE OVERPAYMENT SUM
 STATED THEREIN, INCLUDING ANY EXTRAPOLATION  CALCULATION  DERIVATIVE  OF
 SUCH  ALLEGED  OVERPAYMENT, FOR EACH INSTANCE THAT THE VENDOR CAN ESTAB-
 LISH BY INDEPENDENT PROOF THAT  TRANSPORTATION  SERVICES  WERE  ACTUALLY
 RENDERED TO A RECIPIENT ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11561-01-3