NY State Senate Bill 2009-S4774

Senate Bill S4774

2009-2010 Legislative Session

Authorizes any prosecutor of competent jurisdiction to receive referrals from certain agencies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Apr 27, 2009	referred to health

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2009-S4774 (ACTIVE) - Details

See Assembly Version of this Bill:: A10047
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §32, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S594, A6405
2013-2014: S773, S6995, A1450
2015-2016: S2198, A1639
2017-2018: S783, A1486
2019-2020: A3555

2009-S4774 (ACTIVE) - Summary

Authorizes any prosecutor of competent jurisdiction to receive referrals from certain agencies.

2009-S4774 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4774

 TITLE OF BILL :  An act to amend the public health law, in relation
to authorizing any prosecutor of competent jurisdiction to receive
referrals from certain agencies

 PURPOSE : To amend the Public Health Law, in relation to authorizing
any prosecutor of competent jurisdiction to receive referrals from
certain agencies

 SUMMARY OF PROVISIONS : Section I. Amends Subdivision 7 of section 32
of the public health law to allow for Office of Medicaid Inspector
General to refer suspected fraud or criminality to any prosecutor of
competent jurisdiction.

Section 2. Is the effective date

 JUSTIFICATION : Approximately two years ago the Office of the
Medicaid Inspector General (OMIG) entered into a memorandum of
understanding with the Nassau County Department of Social Service
(DSS) which allowed DSS to investigate Medicaid provider fraud and
keep the county share of any recovery in exchange for working under
the supervision and control of the OMIG. The Demonstration Project, as
it is known, requires DSS to seek the OMIG's approval before starting
a Medicaid provider investigation, requires OMIG's approval of the
investigation plan, and requires DSS to turn the entire investigation

over to OMIG if any fraud is found. Once the investigation is turned
over, OMIG will review DSS's efforts, conduct any further
investigation that it deems necessary and, if the OMIG is satisfied
conduct exists, turn over the file to the Attorney General's Medicaid
Fraud Control Unit (MFCU). The MFCU that covers Nassau County is based
in Hauppauge.

This Demonstration Project working in conjunction OMIG's statute, has
created a bureaucratic chain whereby Nassau DSS is supervised by an
entity in Albany, sends its completed investigations to Albany, and
then the case travels to MFCU in Hauppauge. Meanwhile the Prosecutors
in the Nassau County District Attorney's office, sitting a mere three
miles away from the investigators at DSS, are prohibited from offering
their assistance. It is inexplicable that the county district attorney
is barred from prosecuting crimes that take place with in the county
and were investigated by a county agency.

This legislation would easily fix the problem referenced above by
amending the OMIG's statute to allow the agency to make referrals to
both the Attorney General and "any prosecutor of competent
jurisdiction."

 LEGISLATIVE HISTORY : New Bill

 FISCAL IMPLICATIONS : Due to an increase in efficiency in prosecuting
Medicaid Fraud there is an estimated increase in revenue to the state

 EFFECTIVE DATE : Immediately

2009-S4774 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4774

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- 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 authorizing any
  prosecutor of competent jurisdiction to receive referrals from certain
  agencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  7 of section 32 of the public health law, as
added by chapter 442 of the laws of 2006, is amended to read as follows:
  7. to make information and evidence  relating  to  suspected  criminal
acts which he or she may obtain in carrying out his or her duties avail-
able  to  appropriate  law enforcement officials and to consult with the
deputy attorney general for Medicaid fraud control, the welfare  inspec-
tor  general,  and other state and federal law enforcement officials for
coordination of criminal investigations and prosecutions.
  The inspector shall refer suspected fraud or criminality to the deputy
attorney general for Medicaid fraud control OR ANY PROSECUTOR OF  COMPE-
TENT  JURISDICTION  and make any other referrals to such deputy attorney
general OR SUCH PROSECUTOR as required or contemplated by  federal  law.
At  any  time  after  such referral, with ten days written notice to the
deputy attorney general for Medicaid fraud control or such shorter  time
as  such  deputy  attorney  general consents to, the inspector may addi-
tionally provide relevant information about suspected fraud or criminal-
ity to any other federal  or  state  law  enforcement  agency  that  the
inspector deems appropriate under the circumstances;
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10889-01-9

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