NY State Assembly Bill 2009-A10047

Assembly Bill A10047

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 Assembly 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
May 11, 2010	held for consideration in health
Feb 26, 2010	referred to health

2009-A10047 (ACTIVE) - Details

See Senate Version of this Bill:: S4774
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §32, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6405, S594
2013-2014: A1450, S773, S6995
2015-2016: A1639, S2198
2017-2018: A1486, S783
2019-2020: A3555

2009-A10047 (ACTIVE) - Summary

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

2009-A10047 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10047

TITLE  OF  BILL:   An act to amend the public health law, in relation to
authorizing any prosecutor of competent jurisdiction to  receive  refer-
rals 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 far 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 investi-
gation, 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 DES 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 DES, 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 amend-
ing 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-A10047 (ACTIVE) - Bill Text download pdf

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

                                  10047

                          I N  A S S E M B L Y

                            February 26, 2010
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred 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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