Relates to audits conducted by the office of Medicaid inspector general detecting ministerial or clerical errors that generate an overpayment to a vendor providing non-emergency medical transportation services.
STATE OF NEW YORK
________________________________________________________________________
7584
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to audits conducted
by the office of Medicaid inspector general detecting ministerial or
clerical errors that generate an overpayment to certain services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section 37
2 to read as follows:
3 § 37. Overpayment; procedures, practices and standards in certain
4 instances. 1. Subject to federal law or regulation, recovery of an over-
5 payment resulting from the issuance of a final audit report or final
6 notice of agency action by the inspector shall commence not less than
7 sixty days after the issuance of the final audit report or final notice
8 of agency action regarding the delivery of non-emergency medical trans-
9 portation services to recipients enrolled in the medical assistance
10 program.
11 2. Any vendor providing non-emergency medical transportation services
12 who has been compensated for such service, and after an audit conducted
13 by the inspector, had such compensation disqualified and denominated an
14 overpayment due to a ministerial or inadvertent error in record keeping,
15 may be afforded a reasonable time to provide and submit independent
16 proof that such service was actually rendered to a recipient enrolled in
17 the medical assistance program. In such instances, subject to federal
18 law or regulation, the inspector shall amend the final audit or final
19 notice of agency action to eliminate and reduce the overpayment sum
20 stated therein, including any extrapolation calculation derivative of
21 such alleged overpayment, for each instance that the vendor can estab-
22 lish by independent proof that transportation services were actually
23 rendered to a recipient enrolled in the medical assistance program.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11561-01-3
