S T A T E O F N E W Y O R K
________________________________________________________________________
5825
2025-2026 Regular Sessions
I N A S S E M B L Y
February 20, 2025
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to directing the state
comptroller to conduct an audit of the department of health and other
agencies to ensure that the agency meets its responsibilities to
review and assess Medicaid managed care organizations for compliance
with federal and state requirements to maintain adequate health care
providers within network, and to meet mental health and substance use
disorder parity requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 41-b
to read as follows:
§ 41-B. AUDITS OF AGENCIES BY THE COMPTROLLER. 1. AT LEAST ONCE EVERY
THREE YEARS, THE STATE COMPTROLLER SHALL CONDUCT AN AUDIT OF THE DEPART-
MENT OF HEALTH, AND ANY OTHER DEPARTMENT, BUREAU, BOARD, COMMISSION,
AUTHORITY OR ANY OTHER AGENCY OR INSTRUMENTALITY OF THE STATE DEEMED
NECESSARY BY THE STATE COMPTROLLER, FOR THE PURPOSE OF ENSURING THE
STATE MEETS ITS RESPONSIBILITY TO REVIEW AND ASSESS MANAGED CARE ORGAN-
IZATIONS, INCLUDING HEALTH MANAGEMENT ORGANIZATIONS, PREPAID HEALTH
SERVICES PLANS, AND HIV SPECIAL NEED PLANS THAT PROVIDE HEALTH INSURANCE
COVERAGE THROUGH THE NEW YORK STATE MEDICAID PROGRAM, FOR COMPLIANCE
WITH FEDERAL AND STATE MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY
REQUIREMENTS.
2. (A) UPON COMPLETION OF SUCH AUDIT, THE STATE COMPTROLLER SHALL
PUBLISH A REPORT THAT DETAILS THE RESULTS OF SUCH AUDIT INCLUDING, BUT
NOT LIMITED TO, A DETERMINATION OF THE STATE'S EFFECTIVENESS IN MEASUR-
ING AND EVALUATING MEDICAID MANAGED CARE ORGANIZATIONS FOR COMPLIANCE
WITH STATUTORY AND REGULATORY REQUIREMENTS PURSUANT TO ARTICLE FORTY-
FOUR OF THE PUBLIC HEALTH LAW. SUCH REQUIREMENTS TO BE CONSIDERED AND
EVALUATED SHALL INCLUDE ANNUAL REPORTS OF COMPLAINTS OF FRAUD AND ABUSE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09647-01-5
A. 5825 2
AS WELL AS A PLAN TO REMEDY SUCH DEFICIENCIES SUBMITTED BY MEDICAID
MANAGED CARE ORGANIZATIONS, MANAGED CARE ORGANIZATION COMPLIANCE IN
MAINTAINING A NETWORK OF HEALTH CARE PROVIDERS ADEQUATE TO MEET THE
NEEDS OF PLAN ENROLLEES, AND ADHERENCE TO FEDERAL AND STATE MENTAL
HEALTH AND SUBSTANCE USE DISORDER PARITY REQUIREMENTS BY MANAGED CARE
ORGANIZATIONS. THE STATE COMPTROLLER SHALL ALSO DETERMINE IF EACH MEDI-
CAID MANAGED CARE ORGANIZATION IS COMPLIANT WITH FEDERAL AND STATE
REQUIREMENTS AND PROVIDE THOROUGH EXPLANATIONS DETAILING THE REASON, OR
REASONS FOR EACH MEDICAID MANAGED CARE ORGANIZATION COMPLIANCE DETERMI-
NATION.
(B) THE STATE COMPTROLLER SHALL PROVIDE SUCH REPORT TO THE GOVERNOR,
THE ATTORNEY GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER
OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER
OF THE ASSEMBLY, THE CHAIR AND THE RANKING MEMBER OF THE SENATE COMMIT-
TEE ON ALCOHOLISM AND SUBSTANCE USE DISORDERS, THE CHAIR AND THE RANKING
MEMBER OF THE ASSEMBLY COMMITTEE ON ALCOHOLISM AND DRUG ABUSE, THE
CHAIRS AND THE RANKING MEMBERS OF THE SENATE AND THE ASSEMBLY COMMITTEES
ON HEALTH, AND THE CHAIRS AND THE RANKING MEMBERS OF THE SENATE AND THE
ASSEMBLY COMMITTEES ON MENTAL HEALTH NO LATER THAN THE FIRST DAY OF JULY
OF THE YEAR IMMEDIATELY SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION.
SUBSEQUENT REPORTS DETAILING RESULTS AND DETERMINATIONS OF THE COMP-
TROLLER SHALL BE COMPLETED AND PUBLISHED AT LEAST ONCE EVERY THREE YEARS
FOLLOWING PUBLICATION OF THE FIRST SUCH REPORT ON OR BEFORE THE FIRST
DAY OF JULY.
§ 2. This act shall take effect immediately.