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Senate Bill S5799

2025-2026 Legislative Session

Relates to audits conducted by the office of Medicaid inspector general detecting ministerial or clerical errors that generate an overpayment

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Current Bill Status - In Senate Committee Health Committee

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2025-S5799 (ACTIVE) - Details

See Assembly Version of this Bill:
A3898
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §37, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
S8684, A7584

2025-S5799 (ACTIVE) - Summary

Relates to audits conducted by the office of Medicaid inspector general detecting ministerial or clerical errors that generate an overpayment to a vendor providing non-emergency medical transportation services.

2025-S5799 (ACTIVE) - Sponsor Memo

2025-S5799 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5799
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee 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.
                                                            LBD01430-01-5

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