Bill Text: NY A08085 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner of health to extend the use of audit findings to subsequent un-audited periods with regard to payments to patient service providers and assessments on covered lives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-08-03 - signed chap.317 [A08085 Detail]

Download: New_York-2011-A08085-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8085
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 1, 2011
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation  to  authorizing  the
         commissioner  of  health to extend the use of audit findings to subse-
         quent un-audit periods with regard  to  payments  to  patient  service
         providers and assessments on covered lives
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (f) of subdivision 8-a of section 2807-j  of  the
    2  public  health  law, as amended by section 17 of part B of chapter 58 of
    3  the laws of 2010, is amended to read as follows:
    4    (f) The commissioner may enter into agreements with designated provid-
    5  ers of services, and with third-party payors, in regard to  which  audit
    6  findings have been made pursuant to this section or section twenty-eight
    7  hundred seven-s of this article, extending and applying such audit find-
    8  ings  or  a  portion thereof in settlement and satisfaction of potential
    9  audit liabilities for subsequent un-audited  periods  [through  the  two
   10  thousand  nine  calendar  year].  The  commissioner  may reduce or waive
   11  payment of interest and penalties otherwise applicable  to  such  subse-
   12  quent unaudited periods when such amounts due as a result of such agree-
   13  ment,  other  than reduced or waived penalties and interest, are paid in
   14  full to the commissioner or the  commissioner's  designee  within  sixty
   15  days of execution of such agreement by all parties to the agreement. Any
   16  payments  made  pursuant  to  agreements entered into in accordance with
   17  this paragraph shall be deemed to be in full satisfaction of any liabil-
   18  ity arising under this section and section twenty-eight hundred  seven-s
   19  of this article, as referenced in such agreements and for the time peri-
   20  ods covered by such agreements, provided, however, that the commissioner
   21  may audit future retroactive adjustments to payments made for such peri-
   22  ods  based  on  reports filed by providers and payors subsequent to such
   23  agreements.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11718-01-1
       A. 8085                             2
    1    S 2. Paragraph (f) of subdivision 10 of section 2807-t of  the  public
    2  health  law,  as  amended by section 17-a of part B of chapter 58 of the
    3  laws of 2010, is amended to read as follows:
    4    (f)  The  commissioner may enter into agreements with specified third-
    5  party payors in regard to which audit findings have been  made  pursuant
    6  to this section, extending and applying such audit findings or a portion
    7  thereof  in  settlement  and satisfaction of potential audit liabilities
    8  for subsequent un-audited periods [through the two thousand nine  calen-
    9  dar  year]. The commissioner may reduce or waive payment of interest and
   10  penalties otherwise applicable to such subsequent unaudited periods when
   11  such amounts due as a result of such agreement, other  than  reduced  or
   12  waived  interest  and penalties, are paid in full to the commissioner or
   13  the commissioner's designee within  sixty  days  of  execution  of  such
   14  agreement by all parties to the agreement. Any payments made pursuant to
   15  agreements  entered  into  in  accordance  with  this paragraph shall be
   16  deemed to be in full satisfaction of any liability  arising  under  this
   17  section,  as  referenced  in  such  agreements  and for the time periods
   18  covered by such agreements, provided, however, that the commissioner may
   19  audit future retroactive adjustments to payments made for  such  periods
   20  based on reports filed by payors subsequent to such agreements.
   21    S  3. This act shall take effect immediately; provided that the amend-
   22  ments to paragraph (f) of subdivision  8-a  of  section  2807-j  of  the
   23  public health law, made by section one of this act, shall not affect the
   24  expiration  of  such  section  and  shall  expire  therewith;  provided,
   25  further, that the amendments to  paragraph  (f)  of  subdivision  10  of
   26  section  2807-t  of  the  public health law, made by section two of this
   27  act, shall not affect the expiration of such section  and  shall  expire
   28  therewith.