Senate Bill S5631

2011-2012 Legislative Session

Provides that a portion of the non-federal share of any recovery of fraudulent medicaid payments shall be made to the prosecuting district attorney's office

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Archive: Last Bill Status - In Senate Committee Finance 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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2011-S5631 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add Art 5-A ยง80, Exec L

2011-S5631 (ACTIVE) - Summary

Provides that a portion of the non-federal share of any recovery of fraudulent medicaid payments shall be paid to the prosecuting district attorney's office with the balance paid to the general fund of the state.

2011-S5631 (ACTIVE) - Sponsor Memo

2011-S5631 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. The executive law is amended by adding a new article 5-A to
read as follows:
                                ARTICLE 5-A
                      MEDICAID FRAUD REIMBURSEMENT
  SECTION 80. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF THE
                PROSECUTION OF MEDICAID FRAUD.
  S  80. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF THE PROSECUTION
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. IF, UPON PROSECUTION OF ANY CASE FOR MEDICAID FRAUD BY  A  DISTRICT
ATTORNEY'S  OFFICE BASED UPON INFORMATION AND EVIDENCE DEVELOPED BY SUCH
DISTRICT ATTORNEY'S OFFICE, A COURT AWARDS RESTITUTION OR CIVIL  FORFEI-
TURE,  THE FOLLOWING PORTION OF THE NON-FEDERAL SHARE OF THE PROCEEDS OF
SUCH RESTITUTION OR CIVIL FORFEITURE SHALL BE ALLOCATED AS FOLLOWS:
  (I) THIRTY PERCENT OF THE RECOVERED AMOUNT SHALL BE ALLOCATED  TO  THE
DISTRICT ATTORNEY'S OFFICE WHICH PROSECUTED THE OFFENSE; AND
  (II) THE REMAINDER THEREOF SHALL BE DEPOSITED INTO THE GENERAL FUND OF
THE STATE.
  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


              

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