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

                                  8718

                          I N  A S S E M B L Y

                            February 4, 2014
                               ___________

Introduced  by  M.  of A. MORELLE, COOK, GALEF, BROOK-KRASNY, SKOUFIS --
  Multi-Sponsored by -- M. of A.  ABINANTI,  ARROYO,  BRINDISI,  JACOBS,
  JAFFEE,   MAGNARELLI,  McDONALD,  OTIS,  PEOPLES-STOKES,  SCARBOROUGH,
  STECK, STIRPE, THIELE, ZEBROWSKI -- read  once  and  referred  to  the
  Committee on Health

AN  ACT  to  amend the social services law and the public health law, in
  relation to providers of goods or services to  local  social  services
  districts under the medical assistance program

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

  Section 1. Subdivision 2 of section 364 of the social services law  is
amended by adding 2 new paragraphs (i) and (j) to read as follows:
  (I) ESTABLISHING A POLICY FOR COMPLETING BACKGROUND CHECKS ON PROSPEC-
TIVE APPLICANTS FOR THE PROVISION OF GOODS OR SERVICES TO A LOCAL SOCIAL
SERVICES  DISTRICT  UNDER  THE  MEDICAL  ASSISTANCE PROGRAM. SUCH POLICY
SHALL APPLY ONE UNIFORM STANDARD FOR THE COMPLETION OF BACKGROUND CHECKS
FOR ALL APPLICANTS.
  (J) ESTABLISHING AN ATTESTATION FOR APPLICANTS FOR  THE  PROVISION  OF
GOODS  OR SERVICES TO A LOCAL SOCIAL SERVICES DISTRICT UNDER THE MEDICAL
ASSISTANCE PROGRAM. SUCH ATTESTATION SHALL BE IN A MANNER AND FORM TO BE
DETERMINED BY THE COMMISSIONER OF HEALTH, SHALL BE SIGNED BY THE  APPLI-
CANT  ON  BEHALF  OF ANY EXECUTIVE OF THE APPLICANT AND ANY AFFILIATE OF
THE APPLICANT AND SHALL INCLUDE, BUT NOT BE  LIMITED  TO  THE  FOLLOWING
STATEMENTS:
  (I)  THAT  ANY  EXECUTIVE  OR  AFFILIATE  OF  THE  APPLICANT WAS NEVER
CONVICTED OF A CRIME RELATED TO HEALTH CARE FRAUD;
  (II) THAT ANY EXECUTIVE  OR  AFFILIATE  OF  THE  APPLICANT  HAS  NEVER
VIOLATED THE FEDERAL FALSE CLAIMS ACT;
  (III)  THAT  ANY  EXECUTIVE  OR  AFFILIATE  OF THE APPLICANT WAS NEVER
CONVICTED OF AN ACT THAT WOULD BE A FELONY UNDER TITLE K  OF  THE  PENAL
LAW;
  (IV)  THAT ANY EXECUTIVE OR AFFILIATE OF THE APPLICANT HAS NOT ENGAGED
IN BEHAVIOR THAT WOULD INDICATE THAT SUCH EXECUTIVE OR AFFILIATE OF  THE
APPLICANT IS UNSUITABLE TO PROVIDE SUCH GOODS OR SERVICES; OR

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

                                                           LBD09640-02-3

A. 8718                             2

  (V) ANY OTHER STATEMENT THAT SUCH COMMISSIONER DEEMS NECESSARY.
  S  2.  The  public health law is amended by adding a new section 37 to
read as follows:
  S 37.  MEDICAL ASSISTANCE PROGRAM; EXCLUDED APPLICANT.  THE  INSPECTOR
SHALL,  UPON  RECEIVING  NOTICE  THAT AN APPLICANT, ANY EXECUTIVE OF THE
APPLICANT OR ANY AFFILIATE OF THE APPLICANT TO PROVIDE GOODS OR SERVICES
TO A LOCAL SOCIAL SERVICES DISTRICT UNDER THE MEDICAL ASSISTANCE PROGRAM
HAS:  (1) BEEN CONVICTED OF A CRIME RELATED TO HEALTH  CARE  FRAUD;  (2)
VIOLATED THE FEDERAL FALSE CLAIMS ACT; (3) BEEN CONVICTED OF AN ACT THAT
WOULD  BE  A  FELONY  UNDER  TITLE K OF THE PENAL LAW; OR (4) ENGAGED IN
BEHAVIOR THAT WOULD INDICATE THAT SUCH APPLICANT, EXECUTIVE OR AFFILIATE
OF THE APPLICANT IS UNSUITABLE TO PROVIDE SUCH GOODS OR SERVICES,  SHALL
EXCLUDE SUCH APPLICANT, ANY EXECUTIVE OF THE APPLICANT AND ANY AFFILIATE
OF THE APPLICANT FROM SUCH GOODS OR SERVICES.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law, provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.