Bill Text: NY S05631 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that a portion of the non-federal share of any recovery of fraudulent medicaid payments shall be paid to the prosecuting district attorney's office with the balance paid to the general fund of the state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO FINANCE [S05631 Detail]
Download: New_York-2011-S05631-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5631 2011-2012 Regular Sessions I N S E N A T E June 8, 2011 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to the disposition of moneys received as a result of the prosecution of medicaid fraud offenses by local district attorneys THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new article 5-A to 2 read as follows: 3 ARTICLE 5-A 4 MEDICAID FRAUD REIMBURSEMENT 5 SECTION 80. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF THE 6 PROSECUTION OF MEDICAID FRAUD. 7 S 80. DISPOSITION OF MONEYS RECEIVED AS THE RESULT OF THE PROSECUTION 8 OF MEDICAID FRAUD. 1. FOR THE PURPOSES OF THIS SECTION, "MEDICAID FRAUD" 9 SHALL MEAN THE KNOWING COMMISSION OF ANY CRIME WITH INTENT TO ILLEGALLY 10 RECEIVE BENEFITS, OR REIMBURSEMENT FROM THE MEDICAL ASSISTANCE FOR NEEDY 11 PERSONS PROGRAM ESTABLISHED AND ADMINISTERED PURSUANT TO THE SOCIAL 12 SERVICES LAW, THE PUBLIC HEALTH LAW AND FEDERAL LAW. 13 2. IF, UPON PROSECUTION OF ANY CASE FOR MEDICAID FRAUD BY A DISTRICT 14 ATTORNEY'S OFFICE BASED UPON INFORMATION AND EVIDENCE DEVELOPED BY SUCH 15 DISTRICT ATTORNEY'S OFFICE, A COURT AWARDS RESTITUTION OR CIVIL FORFEI- 16 TURE, THE FOLLOWING PORTION OF THE NON-FEDERAL SHARE OF THE PROCEEDS OF 17 SUCH RESTITUTION OR CIVIL FORFEITURE SHALL BE ALLOCATED AS FOLLOWS: 18 (I) THIRTY PERCENT OF THE RECOVERED AMOUNT SHALL BE ALLOCATED TO THE 19 DISTRICT ATTORNEY'S OFFICE WHICH PROSECUTED THE OFFENSE; AND 20 (II) THE REMAINDER THEREOF SHALL BE DEPOSITED INTO THE GENERAL FUND OF 21 THE STATE. 22 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11947-02-1