S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5631
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 8, 2011
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the executive law, in relation  to  the  disposition  of
         moneys  received  as  a  result  of  the prosecution of medicaid fraud
         offenses by local district attorneys
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new article 5-A to
    2  read as follows:
    3                                  ARTICLE 5-A
    4                        MEDICAID FRAUD REIMBURSEMENT
    5    SECTION 80. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF THE
    6                  PROSECUTION OF MEDICAID FRAUD.
    7    S  80. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF THE PROSECUTION
    8  OF MEDICAID FRAUD. 1. FOR THE PURPOSES OF THIS SECTION, "MEDICAID FRAUD"
    9  SHALL MEAN THE KNOWING COMMISSION OF ANY CRIME WITH INTENT TO  ILLEGALLY
   10  RECEIVE BENEFITS, OR REIMBURSEMENT FROM THE MEDICAL ASSISTANCE FOR NEEDY
   11  PERSONS  PROGRAM  ESTABLISHED  AND  ADMINISTERED  PURSUANT TO THE SOCIAL
   12  SERVICES LAW, THE PUBLIC HEALTH LAW AND FEDERAL LAW.
   13    2. IF, UPON PROSECUTION OF ANY CASE FOR MEDICAID FRAUD BY  A  DISTRICT
   14  ATTORNEY'S  OFFICE BASED UPON INFORMATION AND EVIDENCE DEVELOPED BY SUCH
   15  DISTRICT ATTORNEY'S OFFICE, A COURT AWARDS RESTITUTION OR CIVIL  FORFEI-
   16  TURE,  THE FOLLOWING PORTION OF THE NON-FEDERAL SHARE OF THE PROCEEDS OF
   17  SUCH RESTITUTION OR CIVIL FORFEITURE SHALL BE ALLOCATED AS FOLLOWS:
   18    (I) THIRTY PERCENT OF THE RECOVERED AMOUNT SHALL BE ALLOCATED  TO  THE
   19  DISTRICT ATTORNEY'S OFFICE WHICH PROSECUTED THE OFFENSE; AND
   20    (II) THE REMAINDER THEREOF SHALL BE DEPOSITED INTO THE GENERAL FUND OF
   21  THE STATE.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11947-02-1