BILL NUMBER: S8407
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the social services law, in relation to sanctions with
regard to substantiated reports of abuse or neglect which are no
longer subject to amendment or appeal
 
PURPOSE OF THE BILL:
This bill would improve the efficient investigation and timely enforce-
ment by the Office of the Medicaid Inspector General (OMIG) of substan-
tiated reports of abuse and neglect within Medicaid facilities, under
the primary jurisdiction of the New York State Justice Center for the
Protection of People with Special Needs (Justice Center). The bill would
clarify that Justice Center referrals to OMIG are forwarded upon
completion - when they can no longer be amended, annulled, or appealed -
to avoid unnecessary or duplicative actions
 
SUMMARY OF PROVISIONS:
The first proposed change would amend Social Services Law (SOS) § 493(2)
to clarify that the Justice Center may not forward to the OMIG informa-
tion regarding substantiated reports of abuse or neglect in facilities
or provider agencies that may still be amended, annulled, or appealed.
The second proposed change would align SOS § 493(2) with OMIG's duties
under Public Health Law § 32(6), thereby emphasizing the fact that such
reports could cause the offending party to be excluded from the Medicaid
program or otherwise sanctioned as provided by Public Health Law §
32(6).
 
JUSTIFICATION:
The requested changes would promote operational efficiencies and foster
service delivery improvements.
 
PRIOR LEGISLATIVE HISTORY:
This proposal was part of the budget bill proposed by the Governor, S.
8307/A. 8807, Part CC of the Health and Mental Hygiene Article VII
Legislation.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S8407: 493 social services law, 493(2) social services law