Bill Text: NY S05313 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes the crimes of abstraction or misapplication of medical assistance money, funds or property of an organization authorized as a medicaid provider in the first, second and third degrees punishable as class C, class D and class E felonies, respectively.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S05313 Detail]

Download: New_York-2009-S05313-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5313
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. MORAHAN -- 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 the  abstraction
         or  misapplication  of  money,  funds  or  property of an organization
         authorized as a medicaid provider by an  officer,  director,  trustee,
         employee or agent thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The social services law is amended by adding a new  section
    2  363-e to read as follows:
    3    S  363-E.  ABSTRACTION  OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY,
    4  FUNDS OR PROPERTY OF AN ORGANIZATION AUTHORIZED AS A MEDICAID  PROVIDER.
    5  1.  DEFINITION.  FOR  PURPOSES  OF THIS SECTION, THE TERM "ORGANIZATION"
    6  SHALL MEAN AN ORGANIZATION WHICH IS QUALIFIED AND AUTHORIZED TO  PROVIDE
    7  SERVICES  UNDER  THE  PUBLIC  HEALTH LAW OR MENTAL HYGIENE LAW, AND SUCH
    8  ORGANIZATION IS AUTHORIZED AS A MEDICAID PROVIDER.
    9    2. ABSTRACTION OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY, FUNDS OR
   10  PROPERTY IN THE THIRD DEGREE. ANY OFFICER, DIRECTOR,  TRUSTEE,  EMPLOYEE
   11  OR AGENT OF AN ORGANIZATION RECEIVING MEDICAL ASSISTANCE MONEY, FUNDS OR
   12  PROPERTY  PURSUANT  TO  THIS TITLE, WHO ABSTRACTS OR WILFULLY MISAPPLIES
   13  ANY OF SUCH MONEY, FUNDS OR PROPERTY IS GUILTY OF A CLASS E FELONY.
   14    3. ABSTRACTION OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY, FUNDS OR
   15  PROPERTY IN THE SECOND DEGREE. ANY OFFICER, DIRECTOR, TRUSTEE,  EMPLOYEE
   16  OR AGENT OF AN ORGANIZATION RECEIVING MEDICAL ASSISTANCE MONEY, FUNDS OR
   17  PROPERTY  PURSUANT  TO  THIS TITLE, WHO ABSTRACTS OR WILFULLY MISAPPLIES
   18  ANY OF SUCH MONEY, FUNDS OR PROPERTY IS GUILTY OF A CLASS D FELONY WHERE
   19  THE AMOUNT OF THE MONEY, FUNDS OR PROPERTY  SO  ABSTRACTED  OR  WILFULLY
   20  MISAPPLIED EXCEEDS THREE THOUSAND DOLLARS.
   21    4. ABSTRACTION OR MISAPPLICATION OF MEDICAL ASSISTANCE MONEY, FUNDS OR
   22  PROPERTY  IN  THE FIRST DEGREE. ANY OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE
   23  OR AGENT OF AN ORGANIZATION RECEIVING MEDICAL ASSISTANCE MONEY, FUNDS OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11534-01-9
       S. 5313                             2
    1  PROPERTY PURSUANT TO THIS TITLE, WHO ABSTRACTS  OR  WILFULLY  MISAPPLIES
    2  ANY OF SUCH MONEY, FUNDS OR PROPERTY IS GUILTY OF A CLASS C FELONY WHERE
    3  THE  AMOUNT  OF  THE  FUNDS SO ABSTRACTED OR WILFULLY MISAPPLIED EXCEEDS
    4  FIFTY THOUSAND DOLLARS.
    5    5.  DEPUTY ATTORNEY GENERAL FOR MEDICAID FRAUD CONTROL. IN ADDITION TO
    6  ANY OTHER DUTIES ESTABLISHED BY LAW, RULE OR REGULATION, THE  OFFICE  OF
    7  THE  DEPUTY  ATTORNEY GENERAL FOR MEDICAID FRAUD CONTROL MAY INVESTIGATE
    8  AND PROSECUTE ALLEGED OR ACTUAL ABSTRACTION OR MISAPPLICATION OF MEDICAL
    9  ASSISTANCE MONEY, FUNDS OR PROPERTY PURSUANT TO THIS SECTION.
   10    S 2. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.