Directs the Medicaid inspector general to publish all administrative law decisions from an appeal of an action by his or her office.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): McDonald
TITLE OF BILL: An act to amend the public health law, in relation to directing the Medicaid inspector general to publish in electronic form, all administrative law decisions resulting from an appeal of an action by his or her office
PURPOSE OR GENERAL IDEA OF BILL: Provides for public notification of administrative law decisions concerning appeals from actions by the Office of the Medicaid Inspector General.
SUMMARY OF PROVISIONS: Adds a new subdivision, 6-a to section 32 of the Public Health Law. This new subdivision requires electronic publication of all administrative law decisions stemming from an action by the office. These decisions must be posted on the Office of the Medicaid Inspector General's website within thirty days of the decision.
JUSTIFICATION: Statute charges the Office of the Medicaid Inspector General (OMIG) with weeding out fraud, waste and abuse in New York's Medicaid Program. Through this charge, OMIG conducts audits, reports incidents of fraud to prosecutors, and excludes certain providers from participating in Medicaid. These actions all can have an adverse impact on Medicaid providers and recipients. Thus, due process rights of these individuals must be protected.
Anyone wishing to appeal a decision by OMIG must go before an administrative law judge. However, interested groups expressed concern because, although a public record, these decisions are difficult to access. Presently, each interested group must send a FOIL (Freedom of Information Law) request to OMIG. This is a duplicative and burdensome process for both OMIG and individual requesters. For efficiency and transparency, this bill requires OMIG to post all administrative law decisions, in which OMIG is a party, to its website within thirty days.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6271 IN SENATE January 18, 2012 ___________Introduced by Sens. HANNON, BONACIC, DeFRANCISCO, GOLDEN, LITTLE, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to directing the Medicaid inspector general to publish in electronic form, all adminis- trative law decisions resulting from an appeal of an action by his or her office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 32 of the public health law is amended by adding a new subdivision 6-a to read as follows: 6-A. TO MAKE AVAILABLE TO THE PUBLIC, IN ELECTRONIC FORM, AND PUBLISH ON THE OFFICE'S INTERNET WEBSITE, THE FINDINGS OF EACH ADMINISTRATIVE LAW DECISION RESULTING FROM AN APPEAL OF AN ACTION BY THE OFFICE CONDUCTED PURSUANT TO THIS TITLE. SUCH FINDINGS SHALL BE MADE AVAILABLE AND PUBLISHED WITHIN THIRTY DAYS OF THEIR ISSUANCE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13984-02-2