S04067 Summary:

BILL NO    S04067 

SAME AS    SAME AS A08718

SPONSOR    DEFRANCISCO

COSPNSR    

MLTSPNSR   

Amd S364, Soc Serv L; add S37, Pub Health L

Relates to providers of goods and services to local social services districts
under the medical assistance program.
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S04067 Actions:

BILL NO    S04067 

03/06/2013 REFERRED TO HEALTH
06/12/2013 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/12/2013 ORDERED TO THIRD READING CAL.1335
06/13/2013 PASSED SENATE
06/13/2013 DELIVERED TO ASSEMBLY
06/13/2013 referred to health
01/08/2014 died in assembly
01/08/2014 returned to senate
01/08/2014 REFERRED TO HEALTH
06/10/2014 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/10/2014 ORDERED TO THIRD READING CAL.1243
06/11/2014 PASSED SENATE
06/11/2014 DELIVERED TO ASSEMBLY
06/11/2014 referred to health
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S04067 Memo:

Memo not available
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S04067 Text:

                           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.
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