Bill Text: NY S06878 | 2009-2010 | General Assembly | Introduced

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Bill Title: Creates the legislative commission on Medicaid fraud; such commission shall exercise continuous oversight of the office of Medicaid inspector general; review the operations of the office of Medicaid inspector general including compliance with legislative intent, use of extrapolation, audit processes, communication with health care providers, and compliance with state and federal laws and regulations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-19 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06878 Detail]

Download: New_York-2009-S06878-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6878
                                   I N  S E N A T E
                                   February 19, 2010
                                      ___________
       Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       AN  ACT to amend the legislative law, in relation to the creation of the
         legislative commission on Medicaid fraud, waste and abuse
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The legislative law is amended by adding a new article 6-A
    2  to read as follows:
    3                                 ARTICLE 6-A
    4          LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE AND ABUSE
    5  SECTION 96. LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE AND ABUSE.
    6          97. POWERS AND DUTIES.
    7          98. REPORTS.
    8    S 96. LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE AND ABUSE. THERE
    9  IS HEREBY CREATED A LEGISLATIVE COMMISSION ON MEDICAID FRAUD, WASTE  AND
   10  ABUSE  TO  CONSIST  OF  TWO MEMBERS OF THE SENATE TO BE APPOINTED BY THE
   11  TEMPORARY PRESIDENT OF THE SENATE, TWO MEMBERS OF  THE  ASSEMBLY  TO  BE
   12  APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER OF THE SENATE TO BE
   13  APPOINTED  BY  THE  MINORITY  LEADER OF THE SENATE AND ONE MEMBER OF THE
   14  ASSEMBLY TO BE APPOINTED BY THE MINORITY LEADER  OF  THE  ASSEMBLY.  THE
   15  TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL
   16  EACH APPOINT A CO-CHAIR FROM AMONG THE COMMISSION MEMBERSHIP. ANY VACAN-
   17  CIES SHALL BE FILLED IN THE SAME MANNER  AS  THE  ORIGINAL  APPOINTMENT.
   18  SUCH  APPOINTEES  SHALL SERVE AT THE PLEASURE OF THE RESPECTIVE LEGISLA-
   19  TIVE MEMBER MAKING SUCH APPOINTMENT.
   20    S 97. POWERS AND DUTIES. 1. THE COMMISSION SHALL  EXERCISE  CONTINUOUS
   21  OVERSIGHT  OF  THE  OFFICE  OF  MEDICAID INSPECTOR GENERAL AS CREATED BY
   22  CHAPTER FOUR HUNDRED FORTY-TWO OF THE LAWS  OF  TWO  THOUSAND  SIX.  THE
   23  COMMISSION SHALL REVIEW THE OPERATIONS OF THE OFFICE OF MEDICAID INSPEC-
   24  TOR GENERAL INCLUDING BUT NOT LIMITED TO (I) COMPLIANCE WITH LEGISLATIVE
   25  INTENT,  (II)  USE OF EXTRAPOLATION, (III) AUDIT PROCEDURES, METHODS AND
   26  PROTOCOLS, (IV) COMMUNICATION WITH HEALTH CARE PROVIDERS, (V) COMPLIANCE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16049-02-0
       S. 6878                             2
    1  WITH STATE, FEDERAL LAWS AND REGULATIONS, AND (VI) AUDITOR TRAINING  AND
    2  QUALIFICATIONS.
    3    2.  THE  COMMISSION  MAY EMPLOY SUCH STAFF AND RETAIN SUCH CONSULTANTS
    4  AND EXPERT SERVICES AS MAY BE NECESSARY. EMPLOYMENT  BY  THE  COMMISSION
    5  SHALL BE DEEMED TO BE EMPLOYMENT BY THE LEGISLATURE FOR ALL PURPOSES.
    6    3.  THE  COMMISSION SHALL HAVE THE POWER, SUBJECT TO THE PROVISIONS OF
    7  SECTION SEVENTY-THREE OF THE CIVIL RIGHTS LAW, TO HOLD HEARINGS, SUBPOE-
    8  NA WITNESSES, ADMINISTER OATHS, TAKE TESTIMONY AND COMPEL THE PRODUCTION
    9  OF BOOKS, PAPERS, DOCUMENTS AND OTHER EVIDENCE  IN  FURTHERANCE  OF  ITS
   10  DUTIES;  PROVIDED, HOWEVER, THAT NO SUBPOENA SHALL BE ISSUED EXCEPT UPON
   11  THE AFFIRMATIVE VOTE OF A  MAJORITY  OF  THE  WHOLE  MEMBERSHIP  OF  THE
   12  COMMISSION.  THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ALL AGEN-
   13  CIES SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPERLY  TO  CONSUMMATE
   14  ANY SUCH EXAMINATION, AND REVIEW.
   15    S  98.  REPORTS.  THE  COMMISSION SHALL, FROM TIME TO TIME, REPORT ITS
   16  FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
   17  THE SENATE AND THE SPEAKER OF THE ASSEMBLY, AND TO THE  MEMBERS  OF  THE
   18  LEGISLATURE.
   19    S 2. This act shall take effect immediately.