ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

September 26, 2015

Audits issued by the State Comptroller issued during the week ending September 12, 2015



Audits issued by the State Comptroller issued during the week ending September 12, 2015
Source: Office of the State Comptroller
Click on the text in color to access the Comptroller’s report.

On September 25, 2016, New York State Comptroller Thomas P. DiNapoli announced the following audits have been issued. Click on the text in color to access the Comptroller’s report.


State Department of Education: Compliance with the Reimbursable Cost Manual

The Sunshine Developmental School provides special education programs for about 600 children between the ages of three and five years in Brooklyn, Queens and the Bronx. Sunshine’s special education programs are funded by the New York City Department of Education (DoE), as well as other school districts and counties whose children are served by its special education programs. The DoE and other localities reimburse via tuition payments based on reimbursement rates set by SED. Auditors found $1,776,434 in unsupported or inappropriate costs charged to the programs audited. The ineligible charges by Sunshine include personal service costs of $1,392,542 and non-personal service costs of $383,892.


Department of Health: Questionable payments for practitioner services and pharmacy claims

Auditors found the doctor’s medical records did not meet the minimum standards to support his Medicaid claims. A review of a sample of the records found that they contained inadequate and sparse detail. Further, DOH’s review of the records found that they lacked sufficient details to ensure adequate treatment of complex diseases, contained no treatment plans and were illegible. There was insufficient assurance that the doctor provided appropriate medical care and that services totaling $1,039,404 warranted Medicaid payment. Auditors also questioned whether pharmacy claims totaling approximately $15 million for prescription drugs ordered by the doctor were all necessary.


Department of Health: Bureau of Narcotic Enforcement [Follow-up]

An initial audit report issued in November 2012 examined whether the Bureau of Narcotic Enforcement was effectively and efficiently combating prescription drug diversion and abuse in New York state, in large part through its analysis and use of prescription data that it maintains electronically. Auditors found several areas where the bureau could improve its ability to ensure its resources are used effectively to stem drug diversion and abuse through a range of efforts, from prevention and deterrence to detection and prosecution. In a follow-up report, auditors found DOH has made progress in enhancing its electronic prescription data and in some of the routine analyses that it performs using this data. It has also improved security and accountability over blank prescription forms returned to its office and to its suppliers.


Metropolitan Transportation Authority: Diversions of service for maintenance and capital projects

An initial report issued in July 2011 determined that while the MTA has a number of policies and procedures for managing and controlling subway diversions, more needed to be done. The audit found that diversion costs were not adequately monitored, and daily work on diversions often started late and ended early. The public was not adequately informed about diversions, shuttle bus service was not planned using current ridership data and the budget for advertisements to communicate information about diversions appeared to be too low. In a follow-up, auditors found MTA officials have made some progress in correcting the problems identified. However, additional improvements are needed.


Metropolitan Transportation Authority: Staten Island Railway on-time performance

The Staten Island Railway’s (SIR) on-time performance percentage generally approached or exceeded its standard of 95 percent. However, auditors also noted that SIR does not completely report the timeliness of trains to the public. Sometimes trains were intentionally held beyond scheduled departure times to accommodate passengers disembarking from the Staten Island Ferry. Also, trains headed to the ferry were sometimes given priority over scheduled outbound departures, causing the outbound trains to be delayed.


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com