NY State Senate Bill 2019-S995

Archive: Last Bill Status - In Senate Committee Social Services 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2019	referred to social services

co-Sponsors

View additional co-sponsors

2019-S995 (ACTIVE) - Details

See Assembly Version of this Bill:: A5461
Current Committee:: Senate Social Services
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:: 2011-2012: S6881, A9494
2013-2014: S2617, A5042
2015-2016: S3019, A5113
2017-2018: S514, A4281
2021-2022: A4880
2023-2024: A1723, A6014

2019-S995 (ACTIVE) - Summary

Creates incentives for counties to investigate and prosecute medicaid fraud.

2019-S995 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S995

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the social services law, in relation to creating incen-
tives 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:

Section 1: The Social Services Law is amended by adding a new article
5A. Section 2: Amends subdivision 2 of section 145-B of the social
services law. Section 3: Establishes an immediate effective date.

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, including settlement. 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 it pays a
substantially higher percentage of Medicaid costs than the local govern-
ments.

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 auto-
matically 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 and settlements.

 
LEGISLATIVE HISTORY:

2018: S.514/A.4281 Reported & Committed to Rules/held for consideration
in health
2017: S.514/A.4281 Passed Senate/Referred to Health
2016: S.3019/A.5113 Passed Senate/Referred to Health
2015: S.3019/A.5113 Passed Senate/Referred to Health
2014: S.2617-A/A.5042-A Passed Senate/held for consideration in health
2013: S.2617-A/A.5042-A Passed Senate/amend and recommit to health
2012: S.6881/A.9494 Passed Senate

 
FISCAL IMPLICATIONS:

This bill allows the city of New York and the counties to recoup 100% of
the local share upon the successful prosecution or settlement of Medi-
caid fraud, or 10% of the total recovery, whichever is greater.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S995 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    995
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sens. YOUNG, CARLUCCI, FUNKE, GALLIVAN, HELMING, O'MARA,
   ORTT -- read twice and ordered printed, and when printed to be commit-
   ted 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.
   § 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  THIS
 CHAPTER, 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; AND
   (II) THE REMAINDER THEREOF SHALL BE DEPOSITED INTO THE GENERAL FUND OF
 THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03079-01-9

 S. 995                              2
 
   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
 THIS CHAPTER.
   §  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  OR
 SETTLEMENT  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 neces-
 sary; 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
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S995

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

co-Sponsors

2019-S995 (ACTIVE) - Details

2019-S995 (ACTIVE) - Summary

2019-S995 (ACTIVE) - Sponsor Memo

2019-S995 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S995

Share this bill

Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Social Services Committee

co-Sponsors

David Carlucci

Rich Funke

Patrick M. Gallivan

Pamela Helming

2019-S995 (ACTIVE) - Details

2019-S995 (ACTIVE) - Summary

2019-S995 (ACTIVE) - Sponsor Memo

2019-S995 (ACTIVE) - Bill Text download pdf

Comments