Bill Text: NY A10464 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the recovery of improperly expended medical assistance program funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-25 - referred to health [A10464 Detail]

Download: New_York-2021-A10464-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10464

                   IN ASSEMBLY

                                      May 25, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Reyes) --
          read once and referred to the Committee on Health

        AN ACT to amend the public health law, in relation to  the  recovery  of
          improperly expended medical assistance program funds

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivision 20 of section 32 of the public health law,  as
     2  added by chapter 442 of the laws of 2006, is amended to read as follows:
     3    20. to, consistent with provisions of this title, implement and amend,
     4  as  needed, rules and regulations relating to the prevention, detection,
     5  investigation and referral of fraud and abuse within the medical assist-
     6  ance program and the recovery of improperly expended medical  assistance
     7  program  funds.  If the improperly expended funds were received due to a
     8  clerical, technological or inadvertent human error ascertained after  an
     9  audit,  the provider shall be afforded an opportunity to submit evidence
    10  that the service  pertaining  to  such  claim  or  claims  was  actually
    11  rendered  and  any  reclamation  of  funds in such instance shall cease;
    12  provided however, if such evidence cannot be  provided  and  it  can  be
    13  determined  that such clerical, technological or inadvertent human error
    14  is the sole proximate cause for such improperly expended medical assist-
    15  ance program funds, recoupment shall  be  capped  at  the  sum  actually
    16  received by a provider who rendered the service and made such ministeri-
    17  al error;
    18    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15777-01-2