NY State Senate Bill 2011-S6881

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2012	referred to health delivered to assembly passed senate ordered to third reading cal.1362 committee discharged and committed to rules
May 22, 2012	reported and committed to finance
Apr 04, 2012	referred to social services

Votes

- Jun 19, 2012 - Floor Vote
  S6881
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2012
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Duane
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley
  May 22, 2012 - Social Services Committee Vote
  S6881
  
  4
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: May 22, 2012
      
      aye (4)
      
      Ball
      
      Farley
      
      Gallivan
      
      Martins
      
      aye wr (1)
      
      Squadron
      
      excused (1)
      
      Huntley
  Jun 19, 2012 - Rules Committee Vote
  S6881
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2012
      
      aye (23)
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Alesi

co-Sponsors

2011-S6881 (ACTIVE) - Details

See Assembly Version of this Bill:: A9494
Current Committee:: Assembly Health
Law Section:: Social Services Law
Laws Affected:: Add Art 5-A §370-bb, amd §145-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2617, A5042
2015-2016: S3019, A5113
2017-2018: S514, A4281
2019-2020: S995, A5461
2021-2022: A4880
2023-2024: A1723, A6014

2011-S6881 (ACTIVE) - Summary

Relates to creating incentives for counties to investigate and prosecute medicaid fraud.

2011-S6881 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6881

TITLE OF BILL:
An act
to amend the social services law, in relation to creating incentives for
counties to investigate and prosecute medicaid fraud

PURPOSE:
The purpose of this bill is to provide financial incentives to the
City of New York and the counties to identify and prosecute Medicaid
fraud, thereby helping eliminate fraud, waste and abuse.

SUMMARY OF PROVISIONS:
The social services law is amended by adding a new article 5-A and
amending subdivision 2 of section 145-b to enable the City of New
York and the counties to keep 100% of the local share of any
successful Medicaid fraud prosecution, or 10% of the recovery,
whichever is greater.

JUSTIFICATION:
It is essential to minimize any waste, fraud or abuse in the Medicaid
system by encouraging and rewarding successful efforts by the City of
New York and the counties to prosecute Medicaid fraud.

The current law limits the amounts that local governments can receive
based on successful Medicaid fraud prosecution. This bill would

ensure that local governments would receive 100% of the local share
of such Medicaid payments, thereby reimbursing the local governments
in full for the original overpayment. Since the local share on some
programs may be very small, the local governments would be guaranteed
at least 10% of any recovery. The State would receive the balance of
recoveries.

By encouraging more Medicaid fraud prosecutions, the total costs of
the system will be reduced, to the benefit of both the State and
local governments. The State, of course, would be the biggest
beneficiary of the reduction in the amount of fraud and abuse because
t pays a substantially higher percentage of Medicaid costs that the
local governments.

This legislation is particularly important because the existing
Medicaid payment cap that applies to local governments inadvertently
reduced the financial incentive for local governments to root out
fraud, waste and abuse.
Under the cap legislation, the cost to local governments is
automatically determined by the amount specified by the cap rather
than being based on actual costs. This bill would restore the
financial incentive to local governments by enabling them to enjoy
100% of the local share of any savings resulting from successful
Medicaid fraud prosecutions.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
This bill allows the city of New York and the counties to recoup 100%
of the local share upon the successful prosecution of Medicaid fraud,
or at 10% whichever is greater.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6881 (ACTIVE) - Bill Text download pdf

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

                                  6881

                            I N  S E N A T E

                              April 4, 2012
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to creating  incen-
  tives for counties to investigate and prosecute medicaid fraud

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

  Section 1. The social services law is amended by adding a new  article
5-A to read as follows:
                                ARTICLE 5-A
                      MEDICAID FRAUD REIMBURSEMENT
SECTION  370-BB.  DISPOSITION  OF  MONEYS  RECEIVED AS THE RESULT OF THE
                  PROSECUTION OF MEDICAID FRAUD.
  S 370-BB. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF  THE  PROSE-
CUTION OF MEDICAID FRAUD. 1. FOR THE PURPOSES OF THIS SECTION, "MEDICAID
FRAUD"  SHALL  MEAN  THE  KNOWING COMMISSION OF ANY CRIME WITH INTENT TO
ILLEGALLY RECEIVE BENEFITS, OR REIMBURSEMENT FROM THE MEDICAL ASSISTANCE
FOR NEEDY PERSONS PROGRAM ESTABLISHED AND ADMINISTERED PURSUANT  TO  THE
SOCIAL SERVICES LAW, THE PUBLIC HEALTH LAW AND FEDERAL LAW.
  2.  SHOULD  ANY  COUNTY OR THE CITY OF NEW YORK SUCCESSFULLY PROSECUTE
ANY CASE FOR MEDICAID FRAUD AND A  COURT  AWARDS  RESTITUTION  OR  CIVIL
FORFEITURE,  THE  FOLLOWING  PORTION  OF  THE  NON-FEDERAL  SHARE OF THE
PROCEEDS OF SUCH RESTITUTION OR CIVIL FORFEITURE SHALL BE  ALLOCATED  AS
FOLLOWS:
  (I)  THE  COUNTY  OR  THE  CITY  OF NEW YORK SHALL RECEIVE ONE HUNDRED
PERCENT OF THE LOCAL SHARE OF SUCH FUNDS, IN EFFECT IMMEDIATELY PRIOR TO
SUCH DATE AS CERTIFIED BY THE DIVISION OF BUDGET OR TEN PERCENT  OF  THE
TOTAL RECOVERY WHICHEVER NUMBER IS GREATER;
  (II) THE REMAINDER THEREOF SHALL BE DEPOSITED INTO THE GENERAL FUND OF
THE STATE.
  3.  NOTHING IN THIS ARTICLE SHALL IMPAIR ANY COUNTY OR THE CITY OF NEW
YORK'S ABILITY TO SEEK DAMAGES UNDER SECTION ONE HUNDRED FORTY-FIVE-B OF
THE SOCIAL SERVICES LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14839-03-2

S. 6881                             2

  S 2. Paragraph (a) of subdivision 2 of section  145-b  of  the  social
services  law, as amended by chapter 109 of the laws of 2007, is amended
to read as follows:
  (a)  For  civil damages collected by a local social services district,
relating to the medical assistance program, pursuant to a judgment under
this subdivision, such amounts shall be apportioned  between  the  local
social  services district and the state. [If the violation occurred: (i)
prior to January first, two thousand six, the] THE amount apportioned to
the local social services district shall be ONE HUNDRED PERCENT  OF  the
local  share  [percentage] OF SUCH FUNDS, in effect immediately prior to
such date as certified by the division of budget[, or (ii) after January
first, two thousand six, the amount  apportioned  to  the  local  social
services district shall be based on a reimbursement schedule, created by
the  office  of  Medicaid  inspector  general, in effect at the time the
violation occurred; provided that, if there is no schedule in effect  at
the  time  the  violation occurred, the schedule to be used shall be the
first schedule adopted pursuant to this subdivision. Such schedule shall
provide for reimbursement to a local  social  services  district  in  an
amount  between  ten  and fifteen percent of the gross amount collected.
Such schedule shall be set on a county by  county  basis  and  shall  be
periodically  reviewed and updated as necessary; provided, however, that
any such updated schedule shall not be less than ten percent nor greater
than fifteen percent of the gross amount collected] OR  TEN  PERCENT  OF
THE TOTAL RECOVERY WHICHEVER NUMBER IS GREATER; and
  S 3. This act shall take effect immediately.

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Senate Bill S6881

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 19, 2012 - Floor Vote

Floor Vote: Jun 19, 2012

May 22, 2012 - Social Services Committee Vote

Social Services Committee Vote: May 22, 2012

Jun 19, 2012 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2012

co-Sponsors

2011-S6881 (ACTIVE) - Details

2011-S6881 (ACTIVE) - Summary

2011-S6881 (ACTIVE) - Sponsor Memo

2011-S6881 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6881

Share this bill

Sponsored By

Catharine Young

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Patrick M. Gallivan

2011-S6881 (ACTIVE) - Details

2011-S6881 (ACTIVE) - Summary

2011-S6881 (ACTIVE) - Sponsor Memo

2011-S6881 (ACTIVE) - Bill Text download pdf

Comments