Provides that no penalties for late, incomplete or inaccurate data shall be assessed against managed care organizations except in cases of fraud or abuse.
STATE OF NEW YORK
________________________________________________________________________
3068
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to penalties to
managed care organizations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 32 of section 364-j of the
2 social services law, as added by section 15 of part B of chapter 59 of
3 the laws of 2016, is amended to read as follows:
4 (d) (i) Penalties under this subdivision may be applied to any and all
5 circumstances described in paragraph (b) of this subdivision until the
6 managed care organization complies with the requirements for submission
7 of encounter data.
8 (ii) No penalties for late, incomplete or inaccurate encounter data
9 shall be assessed against managed care organizations in addition to
10 those provided for in this subdivision, provided, however, that nothing
11 in this paragraph shall prohibit the imposition of penalties, in cases
12 of fraud or abuse, otherwise authorized by law.
13 § 2. This act shall take effect on the ninetieth day after it shall
14 have become a law, provided that the amendments to section 364-j of the
15 social services law, made by section one of this act, shall not affect
16 the repeal of such section, and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03583-01-9
