Bill Text: NY A00958 | 2013-2014 | General Assembly | Amended
Bill Title: Enacts the "improper payments reporting and reduction act" to require state agencies to annually report on their improper payments and to seek to reduce or eliminate such payments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A00958 Detail]
Download: New_York-2013-A00958-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 958--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. KELLNER -- read once and referred to the Commit- tee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to enacting the "improper payments reporting and reduction act"; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new article 4-B to 2 read as follows: 3 ARTICLE 4-B 4 IMPROPER PAYMENTS REPORTING AND REDUCTION ACT 5 SECTION 56. SHORT TITLE. 6 56-A. DEFINITIONS. 7 57. IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES. 8 57-A. ESTIMATION OF IMPROPER PAYMENTS. 9 57-B. REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS. 10 58. IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP. 11 59. APPLICATION OF ARTICLE. 12 S 56. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE 13 "IMPROPER PAYMENTS REPORTING AND REDUCTION ACT". 14 S 56-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS 15 SHALL MEAN: 16 1. "AGENCY" MEANS ANY EXECUTIVE BRANCH AGENCY, DEPARTMENT, DIVISION, 17 OFFICE, BOARD, COMMISSION, PUBLIC AUTHORITY (OTHER THAN A MULTI-STATE OR 18 MULTI-NATIONAL AUTHORITY) OR PUBLIC BENEFIT CORPORATION, WITH AN ANNUAL 19 BUDGET OF AT LEAST TWENTY MILLION DOLLARS, THE HEAD OF WHICH IS 20 APPOINTED BY THE GOVERNOR. 21 2. "IMPROPER PAYMENT" MEANS ANY PAYMENT THAT SHOULD NOT HAVE BEEN MADE 22 OR THAT WAS MADE IN AN INCORRECT AMOUNT, INCLUDING OVERPAYMENTS AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01811-02-3 A. 958--A 2 1 UNDERPAYMENTS, WHETHER UNDER STATUTORY, CONTRACTUAL, ADMINISTRATIVE OR 2 OTHER LEGALLY APPLICABLE REQUIREMENTS. SUCH TERM SHALL INCLUDE, BUT NOT 3 BE LIMITED TO, ANY PAYMENT TO AN INELIGIBLE RECIPIENT, ANY PAYMENT FOR 4 AN INELIGIBLE SERVICE, ANY DUPLICATE PAYMENT, PAYMENTS FOR SERVICES NOT 5 RECEIVED AND ANY PAYMENT THAT DOES NOT ACCOUNT FOR CREDIT FOR APPLICABLE 6 DISCOUNTS. 7 3. "PAYMENT" MEANS ANY PAYMENT, INCLUDING A COMMITMENT FOR FUTURE 8 PAYMENT, THAT IS MADE BY AN AGENCY, A STATE CONTRACTOR, OR A GOVERN- 9 MENTAL OR OTHER ORGANIZATION ADMINISTERING A STATE PROGRAM OR ACTIVITY, 10 AND WHICH DERIVED FROM STATE FUNDS OR OTHER STATE RESOURCES, OR THAT 11 WILL BE REIMBURSED FROM STATE FUNDS OR OTHER STATE RESOURCES. 12 S 57. IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES. THE HEAD 13 OF EACH AGENCY SHALL, IN ACCORDANCE WITH GUIDELINES PROMULGATED PURSUANT 14 TO SECTION FIFTY-EIGHT OF THIS ARTICLE AND NOT LESS THAN ONCE EVERY TWO 15 YEARS, REVIEW ALL PROGRAMS AND ACTIVITIES THAT HIS OR HER AGENCY ADMIN- 16 ISTERS, AND IDENTIFY ALL SUCH PROGRAMS AND ACTIVITIES THAT MAY BE 17 SUSCEPTIBLE TO IMPROPER PAYMENTS. 18 S 57-A. ESTIMATION OF IMPROPER PAYMENTS. WITH RESPECT TO EACH PROGRAM 19 AND ACTIVITY IDENTIFIED IN SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD 20 OF THE AGENCY SHALL: 21 1. ESTIMATE ON AN ANNUALIZED BASIS THE AMOUNT OF IMPROPER PAYMENTS; 22 AND 23 2. REPORT SUCH ESTIMATE TO THE PUBLIC, AND THE CHAIRS OF THE SENATE 24 FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON OR BEFORE 25 JANUARY FIRST OF THE CALENDAR YEAR SUCCEEDING THE REVIEW CONDUCTED BY 26 SUCH HEAD OF THE AGENCY PURSUANT TO SECTION FIFTY-SEVEN OF THIS ARTICLE, 27 AND SHALL BE POSTED ON THE AGENCY'S INTERNET WEBSITE AND ANY OTHER 28 WEBSITE. 29 ALL AGENCIES SHALL USE THE SAME METHOD OF REPORTING, AS PRESCRIBED BY 30 SECTION FIFTY-EIGHT OF THIS ARTICLE. 31 S 57-B. REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS. WITH RESPECT 32 TO ANY PROGRAM OR ACTIVITY OF AN AGENCY WITH IDENTIFIED IMPROPER 33 PAYMENTS PURSUANT TO SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD OF 34 THE AGENCY SHALL INCLUDE WITH THE ESTIMATE PURSUANT TO SECTION 35 FIFTY-SEVEN-A OF THIS ARTICLE A REPORT ON WHAT ACTIONS THE AGENCY IS 36 TAKING TO REDUCE THE NUMBER OF AND AMOUNTS OF IMPROPER PAYMENTS, INCLUD- 37 ING: 38 1. A DISCUSSION OF THE CAUSES OF THE IMPROPER PAYMENTS IDENTIFIED, 39 ACTIONS TAKEN TO CORRECT THOSE CAUSES, AND RESULTS OF THE ACTIONS TAKEN 40 TO ADDRESS THOSE CAUSES; 41 2. A STATEMENT OF WHETHER THE AGENCY HAS THE INFORMATION SYSTEMS AND 42 OTHER INFRASTRUCTURE IT NEEDS IN ORDER TO REDUCE IMPROPER PAYMENTS TO 43 MINIMAL COST-EFFECTIVE LEVELS; 44 3. IF THE AGENCY DOES NOT HAVE SUCH SYSTEMS AND INFRASTRUCTURE, A 45 DESCRIPTION OF THE RESOURCES THE AGENCY HAS REQUESTED TO OBTAIN THE 46 NECESSARY INFORMATION SYSTEMS AND INFRASTRUCTURE; AND 47 4. A DESCRIPTION OF THE STEPS THE AGENCY HAS TAKEN TO ENSURE THAT 48 AGENCY MANAGERS (INCLUDING THE AGENCY HEAD) ARE HELD ACCOUNTABLE FOR 49 REDUCING IMPROPER PAYMENTS. 50 S 58. IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP. 1. THERE SHALL BE 51 ESTABLISHED, WITHIN THE EXECUTIVE BRANCH, THE IMPROPER PAYMENT ESTIMATE 52 GUIDANCE GROUP. SUCH GROUP SHALL BE COMPOSED OF THE DIRECTOR OF THE 53 BUDGET WHO SHALL CHAIR THE GROUP, THE STATE INSPECTOR GENERAL, THE 54 INSPECTOR GENERAL OF THE METROPOLITAN TRANSPORTATION AUTHORITY, THE 55 WELFARE INSPECTOR GENERAL AND TWO MEMBERS APPOINTED BY THE GOVERNOR. A. 958--A 3 1 2. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE 2 IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL MEET AND, IN CONSULTATION 3 WITH THE STATE COMPTROLLER, PRESCRIBE GUIDELINES FOR THE IMPLEMENTATION 4 OF THE PROVISIONS OF THIS ARTICLE. ALL AGENCIES SHALL COOPERATE WITH 5 SUCH GROUP TO ASSIST IT AS NECESSARY IN THE DEVELOPMENT AND PROMULGATION 6 OF GUIDELINES. THE GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO: 7 A. THE MANNER IN WHICH AGENCIES SHALL REVIEW PROGRAMS AND ACTIVITIES, 8 AND IDENTIFY THOSE WHICH ARE SUSCEPTIBLE TO IMPROPER PAYMENTS; 9 B. THE MANNER IN WHICH AGENCIES SHALL CALCULATE STATISTICALLY VALID 10 ESTIMATES OF THE ANNUAL AMOUNT OF IMPROPER PAYMENTS IN PROGRAMS AND 11 ACTIVITIES; 12 C. THE MANNER IN WHICH AGENCIES SHALL IMPLEMENT PLANS TO REDUCE 13 IMPROPER PAYMENTS; AND 14 D. THE MANNER IN WHICH AGENCIES SHALL REPORT ESTIMATES OF THE ANNUAL- 15 IZED AMOUNT OF IMPROPER PAYMENTS IN PROGRAMS AND ACTIVITIES, AND 16 PROGRESS IN REDUCING THEM. 17 3. THE IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL THEREAFTER MEET 18 AT ANY TIME AT THE CALL OF EITHER THE DIRECTOR OF THE BUDGET OR THE 19 STATE COMPTROLLER; PROVIDED THAT SUCH GROUP SHALL MEET NO FEWER THAN 20 ONCE EVERY OTHER YEAR TO REVIEW THE GUIDELINES. 21 S 59. APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL: 22 1. APPLY TO THE ADMINISTRATION OF PROGRAMS AND IMPROPER PAYMENTS MADE 23 IN STATE FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND 24 FOURTEEN; AND 25 2. REQUIRE THE INCLUSION OF THE ESTIMATES, REPORTED PURSUANT TO 26 SECTION FIFTY-SEVEN-A OF THIS ARTICLE, IN THE AGENCY BUDGET SUBMISSIONS 27 FOR STATE FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND 28 FIFTEEN. 29 S 2. This act shall take effect on the one hundred eightieth day after 30 it shall have become a law, and shall expire and be deemed repealed 4 31 years after such effective date.