New York S 5799: Relates to audits conducted by the office of Medicaid inspector general detecting ministerial or clerical errors that generate an overpayment

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S05799 Summary:

BILL NOS05799 

&nbsp

SAME ASSAME AS A03898

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §37, Pub Health L

&nbsp

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.

Go to top S05799 Actions:

BILL NOS05799 

&nbsp

03/03/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS05799 Committee&nbspVotes:

Go to topS05799 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05799 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5799

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee 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.
 LBD01430-01-5

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