Authorizes any prosecutor of competent jurisdiction to receive referrals from certain agencies.

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S594-2011 Actions

• Mar 22, 2012: referred to health
• Mar 22, 2012: DELIVERED TO ASSEMBLY
• Mar 22, 2012: PASSED SENATE
• Mar 5, 2012: ADVANCED TO THIRD READING
• Mar 1, 2012: 2ND REPORT CAL.
• Feb 29, 2012: 1ST REPORT CAL.235
• Jan 4, 2012: REFERRED TO HEALTH
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 6, 2011: referred to health
• Jun 6, 2011: DELIVERED TO ASSEMBLY
• Jun 6, 2011: PASSED SENATE
• Feb 28, 2011: ADVANCED TO THIRD READING
• Feb 15, 2011: 2ND REPORT CAL.
• Feb 14, 2011: 1ST REPORT CAL.84
• Jan 5, 2011: REFERRED TO HEALTH

S594-2011 Meetings

Health: Feb 14, 2011, Health: Feb 29, 2012

S594-2011 Calendars

Active List: Mar 22, 2012 , Active List: Jun 6, 2011 , Floor Calendar: Feb 15, 2011 , Floor Calendar: Feb 28, 2011 , Floor Calendar: Mar 1, 2011 , Floor Calendar: Mar 1, 2012 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 5, 2012 , Floor Calendar: Mar 6, 2012 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011

S594-2011 Votes

S594-2011 Memo

BILL NUMBER:S594

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.

S594-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     594

                         2011-2012 Regular Sessions

                              I N  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