Bill Text: NY S04067 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to providers of goods and services to local social services districts under the medical assistance program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-11 - referred to health [S04067 Detail]
Download: New_York-2013-S04067-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4067 2013-2014 Regular Sessions I N S E N A T E March 6, 2013 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the social services law and the public health law, in relation to providers of goods or services to local social services districts under the medical assistance program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 364 of the social services law is 2 amended by adding 2 new paragraphs (i) and (j) to read as follows: 3 (I) ESTABLISHING A POLICY FOR COMPLETING BACKGROUND CHECKS ON PROSPEC- 4 TIVE APPLICANTS FOR THE PROVISION OF GOODS OR SERVICES TO A LOCAL SOCIAL 5 SERVICES DISTRICT UNDER THE MEDICAL ASSISTANCE PROGRAM. SUCH POLICY 6 SHALL APPLY ONE UNIFORM STANDARD FOR THE COMPLETION OF BACKGROUND CHECKS 7 FOR ALL APPLICANTS. 8 (J) ESTABLISHING AN ATTESTATION FOR APPLICANTS FOR THE PROVISION OF 9 GOODS OR SERVICES TO A LOCAL SOCIAL SERVICES DISTRICT UNDER THE MEDICAL 10 ASSISTANCE PROGRAM. SUCH ATTESTATION SHALL BE IN A MANNER AND FORM TO BE 11 DETERMINED BY THE COMMISSIONER OF HEALTH, SHALL BE SIGNED BY THE APPLI- 12 CANT ON BEHALF OF ANY EXECUTIVE OF THE APPLICANT AND ANY AFFILIATE OF 13 THE APPLICANT AND SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING 14 STATEMENTS: 15 (I) THAT ANY EXECUTIVE OR AFFILIATE OF THE APPLICANT WAS NEVER 16 CONVICTED OF A CRIME RELATED TO HEALTH CARE FRAUD; 17 (II) THAT ANY EXECUTIVE OR AFFILIATE OF THE APPLICANT HAS NEVER 18 VIOLATED THE FEDERAL FALSE CLAIMS ACT; 19 (III) THAT ANY EXECUTIVE OR AFFILIATE OF THE APPLICANT WAS NEVER 20 CONVICTED OF AN ACT THAT WOULD BE A FELONY UNDER TITLE K OF THE PENAL 21 LAW; 22 (IV) THAT ANY EXECUTIVE OR AFFILIATE OF THE APPLICANT HAS NOT ENGAGED 23 IN BEHAVIOR THAT WOULD INDICATE THAT SUCH EXECUTIVE OR AFFILIATE OF THE 24 APPLICANT IS UNSUITABLE TO PROVIDE SUCH GOODS OR SERVICES; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09640-02-3 S. 4067 2 1 (V) ANY OTHER STATEMENT THAT SUCH COMMISSIONER DEEMS NECESSARY. 2 S 2. The public health law is amended by adding a new section 37 to 3 read as follows: 4 S 37. MEDICAL ASSISTANCE PROGRAM; EXCLUDED APPLICANT. THE INSPECTOR 5 SHALL, UPON RECEIVING NOTICE THAT AN APPLICANT, ANY EXECUTIVE OF THE 6 APPLICANT OR ANY AFFILIATE OF THE APPLICANT TO PROVIDE GOODS OR SERVICES 7 TO A LOCAL SOCIAL SERVICES DISTRICT UNDER THE MEDICAL ASSISTANCE PROGRAM 8 HAS: (1) BEEN CONVICTED OF A CRIME RELATED TO HEALTH CARE FRAUD; (2) 9 VIOLATED THE FEDERAL FALSE CLAIMS ACT; (3) BEEN CONVICTED OF AN ACT THAT 10 WOULD BE A FELONY UNDER TITLE K OF THE PENAL LAW; OR (4) ENGAGED IN 11 BEHAVIOR THAT WOULD INDICATE THAT SUCH APPLICANT, EXECUTIVE OR AFFILIATE 12 OF THE APPLICANT IS UNSUITABLE TO PROVIDE SUCH GOODS OR SERVICES, SHALL 13 EXCLUDE SUCH APPLICANT, ANY EXECUTIVE OF THE APPLICANT AND ANY AFFILIATE 14 OF THE APPLICANT FROM SUCH GOODS OR SERVICES. 15 S 3. This act shall take effect on the sixtieth day after it shall 16 have become a law, provided, however, that effective immediately, the 17 addition, amendment and/or repeal of any rule or regulation necessary 18 for the implementation of this act on its effective date is authorized 19 to be made and completed on or before such date.