Bill Text: NY S01077 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to medicaid expenditure reporting; requires the governor to submit to the legislature within 30 days of the executive budget, a detailed medicaid expenditure report enumerating all medicaid expenditures, the provisions of law authorizing such expenditures and a 3-year financial projection of anticipated expenditures.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO FINANCE [S01077 Detail]

Download: New_York-2011-S01077-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1077
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens.  GOLDEN, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Finance
       AN ACT to amend the state finance law, in relation to medicaid  expendi-
         ture reporting
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The state finance law is amended by adding  a  new  article
    2  3-A to read as follows:
    3                                 ARTICLE 3-A
    4                       MEDICAID EXPENDITURE REPORTING
    5  SECTION 30. MEDICAID EXPENDITURE REPORTING; DEFINITIONS.
    6          31. ANNUAL MEDICAID EXPENDITURE REPORT.
    7          32. CONFIDENTIALITY PROVISIONS.
    8          33. MEDICAID EXPENDITURE BUDGET BILL.
    9    S  30.  MEDICAID  EXPENDITURE  REPORTING; DEFINITIONS. AS USED IN THIS
   10  ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   11    1. "MEDICAID EXPENDITURES" MEANS ANY ITEM OF EXPENDITURE FROM ANY FUND
   12  OF THE STATE WHICH IS SPENT PURSUANT TO THE MEDICAL ASSISTANCE  FOR  THE
   13  NEEDY PROGRAM.
   14    2.  "COST  OF  MEDICAID EXPENDITURE" MEANS THE ESTIMATED AMOUNT OF ANY
   15  ITEM OF EXPENDITURE FROM ANY FUND OF THE STATE  IN  FURTHERANCE  OF  ANY
   16  PROGRAM FUNDED IN ANY MEASURE PURSUANT TO THE MEDICAL ASSISTANCE FOR THE
   17  NEEDY PROGRAM.
   18    3.  "ITEM  OF  EXPENDITURE"  MEANS  ANY  MEDICAID  EXPENDITURE FOR ANY
   19  PURPOSE TO ANY CLASS OR GROUPING OF VENDORS THAT INCLUDES MORE THAN  ONE
   20  VENDOR.
   21    S 31. ANNUAL MEDICAID EXPENDITURE REPORT. 1. IN ADDITION TO THE INFOR-
   22  MATION  REQUIRED  BY  ARTICLE  SEVEN  OF THE CONSTITUTION AND BY SECTION
   23  TWENTY-TWO OF THIS CHAPTER, THE GOVERNOR SHALL SUBMIT  TO  THE  LEGISLA-
   24  TURE,  AS  EARLY AS PRACTICABLE, BUT NO LATER THAN THIRTY DAYS FOLLOWING
   25  THE SUBMISSION OF THE EXECUTIVE BUDGET, A  MEDICAID  EXPENDITURE  REPORT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06103-01-1
       S. 1077                             2
    1  CONTAINING THE FOLLOWING INFORMATION AND STATEMENTS RELATING TO MEDICAID
    2  EXPENDITURES:
    3    (A) AN ENUMERATION OF ALL MEDICAID EXPENDITURES;
    4    (B)  THE PROVISIONS OF LAW AUTHORIZING SUCH EXPENDITURES, THEIR EFFEC-
    5  TIVE DATES, AND IF APPLICABLE, THE  DATES  ON  WHICH  SUCH  EXPENDITURES
    6  EXPIRE OR ARE REDUCED;
    7    (C) IF RELIABLE DATA IS AVAILABLE, ESTIMATES PREPARED BY THE APPROPRI-
    8  ATE  COMMISSIONER  OR  DIRECTOR  OF  ANY  STATE  AGENCY, AS SUCH TERM IS
    9  DEFINED IN SECTION TWO-A OF THIS CHAPTER, IN CONJUNCTION WITH THE DIREC-
   10  TOR OF THE BUDGET, OF THE COST OF SUCH EXPENDITURES FOR THE (I)  CURRENT
   11  FISCAL YEAR AND (II) THE FIVE PRECEDING FISCAL YEARS;
   12    (D)  ANY RECOMMENDATIONS TO THE GOVERNOR REGARDING CONTINUING, MODIFY-
   13  ING, OR REPEALING SUCH MEDICAID EXPENDITURES, AND SUCH OTHER INFORMATION
   14  REGARDING EXPENDITURES AS THE GOVERNOR DEEMS APPROPRIATE;
   15    (E) IF THE EXECUTIVE BUDGET INCLUDES  PROPOSALS  FOR  THE  EXPIRATION,
   16  MODIFICATION,  OR  REPEAL OF SUCH MEDICAID EXPENDITURES OR FOR THE ADDI-
   17  TION OF MEDICAID EXPENDITURES IN OR TO SUCH ARTICLES OR  SUCH  LAW,  THE
   18  MEDICAID  EXPENDITURE  REPORT SHALL ALSO CONTAIN, TO THE EXTENT RELIABLE
   19  DATA IS AVAILABLE, AN ANALYSIS OF THE NUMBER AND TYPES  OF  PERSONS  AND
   20  ENTITIES  BENEFITING  OR  EXPECTED TO BENEFIT FROM SUCH EXPENDITURES, AN
   21  ESTIMATE OF THE COSTS OF SUCH EXPENDITURES FOR THE COMING  FISCAL  YEAR,
   22  AND AN EXPLANATION OF THE REASONS FOR THE PROPOSALS;
   23    (F)  COMMENT,  IF  ANY,  ON  THE EFFECTIVENESS AND EFFICIENCY OF OTHER
   24  EXPENDITURES; AND
   25    (G) GENERAL CAUTIONARY AND ADVISORY NOTES  CONCERNING  LIMITATIONS  OF
   26  DATA,  ESTIMATION PROCEDURES, SAMPLING ERRORS AND IMPUTED VALUES, PROMI-
   27  NENTLY DISPLAYED.
   28    2. THE MEDICAID EXPENDITURE REPORT SHALL INCLUDE A  THREE-YEAR  FINAN-
   29  CIAL  PROJECTION  WHICH SHALL SHOW ANTICIPATED MEDICAID EXPENDITURES FOR
   30  THE ENSUING FISCAL YEAR AND FOR THE  TWO  YEARS  FOLLOWING  THE  ENSUING
   31  FISCAL  YEAR.  FOR THE PURPOSES OF THIS THREE-YEAR FINANCIAL PROJECTION,
   32  EXPENDITURES  SHALL  BE  PRESENTED  BY  THE  FOLLOWING  PURPOSES:  STATE
   33  PURPOSES;  LOCAL ASSISTANCE; CAPITAL PROJECTS; DEBT SERVICE; AND GENERAL
   34  STATE CHARGES; AND RECEIPTS AND REVENUES SHALL  BE  PRESENTED,  FOR  THE
   35  ENSUING  AND  NEXT  SUCCESSIVE  FISCAL  YEAR BY EACH REVENUE SOURCE. THE
   36  THREE-YEAR FINANCIAL PROJECTION SHALL  INCLUDE  AN  EXPLANATION  OF  ANY
   37  CHANGES  TO THE FINANCIAL PLANS SUBMITTED IN ACCORDANCE WITH SUBDIVISION
   38  ONE OF SECTION TWENTY-TWO OF THIS CHAPTER, AND INCLUDE  EXPLANATIONS  OF
   39  THE  ECONOMIC,  STATUTORY  AND  OTHER  ASSUMPTIONS  USED TO ESTIMATE THE
   40  DISBURSEMENTS, EXPENDITURES, RECEIPTS AND REVENUES WHICH ARE PRESENTED.
   41    S 32. CONFIDENTIALITY PROVISIONS. ANY INFORMATION RELATING TO MEDICAID
   42  EXPENDITURES FURNISHED BY ANY COMMISSIONER OR DIRECTOR OF A STATE AGENCY
   43  SHALL BE FURNISHED IN ACCORDANCE WITH ANY APPLICABLE PROVISIONS  OF  LAW
   44  RELATING TO THE CONFIDENTIALITY OF SUCH INFORMATION.
   45    S  33.  MEDICAID EXPENDITURE BUDGET BILL. 1. NOTWITHSTANDING ANY OTHER
   46  CONTRARY PROVISION OF LAW, INCLUDING ANY PROVISION OF SECTION  FORTY  OF
   47  THIS  CHAPTER,  THE BUDGET BILLS SUBMITTED BY THE GOVERNOR SHALL INCLUDE
   48  AN ADDITIONAL BUDGET BILL WHICH SHALL CONTAIN ALL  APPROPRIATIONS  WHICH
   49  THE GOVERNOR FINDS WILL BE REQUIRED FOR MEDICAID EXPENDITURES DURING THE
   50  NEXT  THREE  SUCCEEDING  FISCAL YEARS. SUCH BUDGET BILL SHALL CONSIST OF
   51  THREE SECTIONS, AS FOLLOWS:
   52    (A) THE FIRST SECTION SHALL CONTAIN ALL APPROPRIATIONS AND REAPPROPRI-
   53  ATIONS WHICH IN THE OPINION OF THE GOVERNOR WILL BE REQUIRED  FOR  MEDI-
   54  CAID EXPENDITURES DURING THE NEXT SUCCEEDING FISCAL YEAR.  NOTWITHSTAND-
   55  ING  THE  FOREGOING  PROVISIONS OF THIS SUBDIVISION, SUCH APPROPRIATIONS
       S. 1077                             3
    1  SHALL BE SUBJECT  TO  THE  LIMITATIONS  ESTABLISHED  BY  LAW,  INCLUDING
    2  SECTION FORTY OF THIS CHAPTER.
    3    (B)  THE  SECOND  SECTION SHALL CONTAIN APPROPRIATIONS AND REAPPROPRI-
    4  ATIONS WHICH IN THE OPINION OF THE GOVERNOR WILL BE REQUIRED  FOR  MEDI-
    5  CAID  EXPENDITURES DURING THE SECOND SUCCEEDING FISCAL YEAR. SUCH APPRO-
    6  PRIATIONS SHALL HAVE AS AN EFFECTIVE DATE THE FIRST DAY OF  SUCH  SECOND
    7  SUCCEEDING FISCAL YEAR, AND SHALL WHEN EFFECTIVE BE SUBJECT TO THE LIMI-
    8  TATIONS  ESTABLISHED BY LAW, INCLUDING SECTION FORTY OF THIS CHAPTER, AS
    9  IF SUCH APPROPRIATIONS HAD BEEN PASSED BY THE LEGISLATURE ON  THE  FIRST
   10  DAY OF SUCH FISCAL YEAR.
   11    (C)  THE  THIRD  SECTION  SHALL CONTAIN PROSPECTIVE APPROPRIATIONS AND
   12  PROSPECTIVE REAPPROPRIATIONS WHICH IN THE OPINION OF THE  GOVERNOR  WILL
   13  BE REQUIRED FOR MEDICAID EXPENDITURES DURING THE THIRD SUCCEEDING FISCAL
   14  YEAR.  SUBJECT  TO  THE  LIMITATIONS IMPOSED BY SECTION SEVEN OF ARTICLE
   15  SEVEN OF THE CONSTITUTION, SUCH APPROPRIATIONS MAY CONTAIN NO  EFFECTIVE
   16  DATE,  BUT SHALL PROVIDE AN ACCURATE LISTING OF APPROPRIATIONS THAT WILL
   17  BE REQUIRED IN SUCH FISCAL YEAR.
   18    2. SUCH BUDGET BILL SHALL INCLUDE, OR THE GOVERNOR MAY SUBMIT AN ADDI-
   19  TIONAL BILL WHICH INCLUDES,  STATUTORY  CHANGES  REQUIRED  TO  IMPLEMENT
   20  APPROPRIATIONS  DURING  EACH OF THE FISCAL YEARS COVERED IN THE MEDICAID
   21  EXPENDITURE APPROPRIATION BILL.
   22    S 2. This act shall take effect immediately.
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