Senate Bill S6881

2011-2012 Legislative Session

Relates to creating incentives for counties to investigate and prosecute medicaid fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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-S6881 (ACTIVE) - Details

See Assembly Version of this Bill:
A9494
Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Add Art 5-A §370-bb, amd §145-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2617, A5042
2015-2016: S3019, A5113
2017-2018: S514, A4281
2019-2020: S995, A5461
2021-2022: A4880
2023-2024: A1723, A6014

2011-S6881 (ACTIVE) - Summary

Relates to creating incentives for counties to investigate and prosecute medicaid fraud.

2011-S6881 (ACTIVE) - Sponsor Memo

2011-S6881 (ACTIVE) - Bill Text download pdf

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

                                  6881

                            I N  S E N A T E

                              April 4, 2012
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to creating  incen-
  tives for counties to investigate and prosecute medicaid fraud

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The social services law is amended by adding a new  article
5-A to read as follows:
                                ARTICLE 5-A
                      MEDICAID FRAUD REIMBURSEMENT
SECTION  370-BB.  DISPOSITION  OF  MONEYS  RECEIVED AS THE RESULT OF THE
                  PROSECUTION OF MEDICAID FRAUD.
  S 370-BB. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF  THE  PROSE-
CUTION 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.  SHOULD  ANY  COUNTY OR THE CITY OF NEW YORK SUCCESSFULLY PROSECUTE
ANY CASE FOR MEDICAID FRAUD AND A  COURT  AWARDS  RESTITUTION  OR  CIVIL
FORFEITURE,  THE  FOLLOWING  PORTION  OF  THE  NON-FEDERAL  SHARE OF THE
PROCEEDS OF SUCH RESTITUTION OR CIVIL FORFEITURE SHALL BE  ALLOCATED  AS
FOLLOWS:
  (I)  THE  COUNTY  OR  THE  CITY  OF NEW YORK SHALL RECEIVE ONE HUNDRED
PERCENT OF THE LOCAL SHARE OF SUCH FUNDS, IN EFFECT IMMEDIATELY PRIOR TO
SUCH DATE AS CERTIFIED BY THE DIVISION OF BUDGET OR TEN PERCENT  OF  THE
TOTAL RECOVERY WHICHEVER NUMBER IS GREATER;
  (II) THE REMAINDER THEREOF SHALL BE DEPOSITED INTO THE GENERAL FUND OF
THE STATE.
  3.  NOTHING IN THIS ARTICLE SHALL IMPAIR ANY COUNTY OR THE CITY OF NEW
YORK'S ABILITY TO SEEK DAMAGES UNDER SECTION ONE HUNDRED FORTY-FIVE-B OF
THE SOCIAL SERVICES LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14839-03-2

              

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