Authorizes any prosecutor of competent jurisdiction to receive referrals from certain agencies.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (3): Gianaris, Rivera, Sampson
Absent (1): Parker
Ayes (48): Adams, Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Parker, Ranzenhofer, Ritchie, Robach, Saland, Savino, Serrano, Seward, Skelos, Smith, Stewart-Cousin, Valesky, Young, Zeldin
Nays (11): Avella, Duane, Gianaris, Krueger, Montgomery, Peralta, Perkins, Rivera, Sampson, Squadron, Stavisky
Absent (1): Diaz
Excused (1): Oppenheimer
TITLE OF BILL: An act to amend the public health law, in relation to authorizing any prosecutor of competent jurisdiction to receive referrals from certain agencies
PURPOSE: To amend the Public Health Law, in relation to authorizing any prosecutor of competent jurisdiction to receive referrals from certain agencies.
SUMMARY OF PROVISIONS:
Section 1. Amends Subdivision 7 of section 32 of the public health law to allow for Office of Medicaid Inspector General to refer suspected fraud or criminality to any prosecutor of competent jurisdiction.
Section 2. effective date
JUSTIFICATION: Approximately two years ago the Office of the Medicaid Inspector General (OMIG) entered into a memorandum of understanding with the Nassau County Department of Social Service (DSS) which allowed DSS to investigate Medicaid provider fraud and keep the county share of any recovery in exchange for working under the supervision and control of the OMIG. The Demonstration Project, as it is known, requires DSS to seek the OMIG's approval before starting a Medicaid provider investigation, requires OMIG's approval of the investigation plan, and requires DSS to turn the entire investigation over to OMIG if any fraud is found. Once the investigation is turned over, OMIG will review DSS's efforts, conduct any further investigation that it deems necessary and, if the OMIG is satisfied conduct exists, turn over the file to the Attorney General's Medicaid Fraud Control Unit (MFCU). The MFCU that covers Nassau County is based in Hauppauge.
This Demonstration Project working in conjunction OMIG's statute, has created a bureaucratic chain whereby Nassau DSS is supervised by an entity in Albany, sends its completed investigations to Albany, and then the case travels to MFCU in Hauppauge. Meanwhile the Prosecutors in the Nassau County District Attorney's office, sitting a mere three miles away from the investigators at DSS, are prohibited from offering their assistance. It is inexplicable that the county district attorney is barred from prosecuting crimes that take place with in the county and were investigated by a county agency.
This legislation would easily fix the problem referenced above by amending the OMIG's statute to allow the agency to make referrals to both the Attorney General and "any prosecutor of competent jurisdiction."
LEGISLATIVE HISTORY: 2009-2010: Referred to Health (S.4774/A.10047)
FISCAL IMPLICATIONS: Due to an increase in efficiency in prosecuting Medicaid Fraud there is an estimated increase in revenue to the state
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 594 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. FUSCHILLO, DeFRANCISCO, GOLDEN, HANNON, JOHNSON, LARKIN, NOZZOLIO, RANZENHOFER, SALAND -- read twice and ordered print- ed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to authorizing any prosecutor of competent jurisdiction to receive referrals from certain agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 32 of the public health law, as added by chapter 442 of the laws of 2006, is amended to read as follows: 7. to make information and evidence relating to suspected criminal acts which he or she may obtain in carrying out his or her duties avail- able to appropriate law enforcement officials and to consult with the deputy attorney general for Medicaid fraud control, the welfare inspec- tor general, and other state and federal law enforcement officials for coordination of criminal investigations and prosecutions. The inspector shall refer suspected fraud or criminality to the deputy attorney general for Medicaid fraud control OR ANY PROSECUTOR OF COMPE- TENT JURISDICTION and make any other referrals to such deputy attorney general OR SUCH PROSECUTOR as required or contemplated by federal law. At any time after such referral, with ten days written notice to the deputy attorney general for Medicaid fraud control or such shorter time as such deputy attorney general consents to, the inspector may addi- tionally provide relevant information about suspected fraud or criminal- ity to any other federal or state law enforcement agency that the inspector deems appropriate under the circumstances; S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00105-01-1