Legislation
SECTION 145-A
Judgment liens
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 1
§ 145-a. Judgment liens. 1. If any provider of care, services or
supplies under the medical assistance program is required to pay any
fine, penalty or overpayment to the department, a social services
district or any other social services entity as a result of the
provisions of this chapter or as a result of any administrative
procedure, such provider shall make payment in the amount and the manner
directed by the commissioner or his or her agents, representatives or
designees.
2. Upon the issuance to the provider of a written notice of a final
determination, the department must also notify the provider in writing
of the provider's right to request a hearing. The provider's right to
request a hearing shall not expire earlier than sixty days from the
mailing of such notice of the provider's right to a hearing. If no
administrative hearing or proceeding for judicial review shall then be
pending and if the time for initiation of such hearing or proceeding
shall have expired, the commissioner or his or her agents,
representatives or designees may file with the clerk of the county where
the provider resides or has a place of business a certified copy of the
final administrative determination of the commissioner or his or her
agents, whether in the form of a written final audit report or other
final determination that such provider has engaged in unacceptable
practices or has received payment to which such provider is not
entitled, containing the amount found to be due. The filing of such
final administrative determination shall have the full force and effect
of a judgment duly docketed in the office of such clerk. The final
administrative determination may be enforced by and in the name of the
commissioner in the same manner, and with like effect, as that
prescribed by the civil practice law and rules for the enforcement of a
money judgment. Such final administrative determination shall not be
filed until at least sixty days after the department has posted by
ordinary mail to the provider at the address of such provider on file
with the department a copy of the final administrative determination
which shall contain notice of the amount found to be due and owing.
supplies under the medical assistance program is required to pay any
fine, penalty or overpayment to the department, a social services
district or any other social services entity as a result of the
provisions of this chapter or as a result of any administrative
procedure, such provider shall make payment in the amount and the manner
directed by the commissioner or his or her agents, representatives or
designees.
2. Upon the issuance to the provider of a written notice of a final
determination, the department must also notify the provider in writing
of the provider's right to request a hearing. The provider's right to
request a hearing shall not expire earlier than sixty days from the
mailing of such notice of the provider's right to a hearing. If no
administrative hearing or proceeding for judicial review shall then be
pending and if the time for initiation of such hearing or proceeding
shall have expired, the commissioner or his or her agents,
representatives or designees may file with the clerk of the county where
the provider resides or has a place of business a certified copy of the
final administrative determination of the commissioner or his or her
agents, whether in the form of a written final audit report or other
final determination that such provider has engaged in unacceptable
practices or has received payment to which such provider is not
entitled, containing the amount found to be due. The filing of such
final administrative determination shall have the full force and effect
of a judgment duly docketed in the office of such clerk. The final
administrative determination may be enforced by and in the name of the
commissioner in the same manner, and with like effect, as that
prescribed by the civil practice law and rules for the enforcement of a
money judgment. Such final administrative determination shall not be
filed until at least sixty days after the department has posted by
ordinary mail to the provider at the address of such provider on file
with the department a copy of the final administrative determination
which shall contain notice of the amount found to be due and owing.