Amending the New York State Assembly maps

The Appellate Division, First Department, affirming an order entered by Supreme Court Justice Laurence L. Love which, to the extent appealed from, ordered New York State's Independent Redistricting Commission (IRC):

1. Initiate the constitutional process for amending the New York State Assembly maps;

2. Conduct public hearings consistent with Article III, §4(c) of the New York State Constitution; 

3. Make plans, data and information available for the public to view at least 30 days prior to the first public meeting; and

4. Submit to the legislature an Assembly redistricting plan or plans and implementing legislation by April 28, 2023.

This plan would be voted upon by the legislature in a single bill.

Justice Love further ordered that should either house of the legislature failed to approve the implementing legislation, or if the Governor vetoed such legislation," the IRC would, within 15 days and in no case later than June 16, 2023, prepare a second redistricting plan and implementing legislation.

In the event either the legislature failed to approve the second plan and implementing legislation, or if the Governor vetoed it, then the legislature would introduce such implementing legislation with any amendments deemed necessary.

Click HERE to access the Appellate Division's decision posted on the Internet.

New York State Comptroller Thomas D. DiNapoli releases audits

On January 24, 2023, following audits were issued by State Comptroller DiNapoli:

Click on the text highlighted in color to access the full text of the audit report. 

 

Department of Health: Medicaid Program – Improper Payments for Brand Name Drugs  (2020-S-62)

The audit identified $1.1 million in Medicaid overpayments for brand name prescription drugs where generic drugs were available but not substituted. In addition, the audit found $1 million in potential cost avoidance associated with 27,455 Medicaid fee-for-service claims for drugs that appear to be generic but were paid using brand name pricing methods. 

 

Department of Health: Medicaid Program – Claims Processing Activity October 1, 2021 Through March 31, 2022 (2021-S-28) 

OSC’s audit of Medicaid claims processing activity identified over $22 million in improper Medicaid payments for claims that were not processed in accordance with Medicaid requirements. About $9.9 million of the improper payments had been recovered by the end of the audit fieldwork. The audit also identified 11 Medicaid providers who were charged with or found guilty of crimes that violated laws or regulations governing certain health care programs. Upon being advised of the providers, the Department removed them from the Medicaid program. 

 

New York City Health and Hospitals Corporation: Controls Over Equipment (Follow-Up) (2022-F-19)

The initial audit, issued in January 2019, determined that the New York City Health and Hospitals Corporation’s (H+H’s) controls over its inventory of equipment needed improvement, as auditors found equipment tracking problems and record-keeping issues associated with relinquished, mass-retired, transferred and repaired assets. The follow-up found that H+H made some progress in addressing the issues identified. Of the six recommendations from the initial audit, H+H implemented two and partially implemented one; three recommendations were not implemented. 

 

Department of Civil Service: New York State Health Insurance Program – Payments by CVS Health for Pharmacy Services for Ineligible Members (Follow-Up) (2022-F-29)

The initial audit, issued in September 2021, found that nearly $30.7 million in pharmacy service claims were paid on behalf of ineligible members due to data transfer issues between the Civil Service and CVS systems and retroactive disenrollment of members. The follow-up found that Civil Service and CVS made progress addressing the issues identified in the initial audit; namely, Civil Service and CVS are working to develop a procedure for the recovery of these and future improper payments. Of the report’s six recommendations, two were implemented, three were partially implemented and one was no longer applicable. 

 

Department of Civil Service: New York State Health Insurance Program – Payments by UnitedHealthcare for Medical/Surgical Services for Ineligible Members (Follow-Up) (2022-F-30)

An audit issued in September 2021 found that United made a total of $5.7 million in improper payments for medical/surgical services on behalf of ineligible members. The follow-up found that Civil Service and United made significant progress in addressing the issues identified in the initial audit. United recovered about $500,000 of the $5.7 million in overpaid benefits originally identified, and Civil Service and United identified another $10.9 million in claims for ineligible members, of which about $4.9 million has been recovered. Of the initial report’s three audit recommendations, two were implemented and one was partially implemented. 

 

State Education Department: Oversight of Career and Technical Education Programs in New York State Schools (Follow-Up) (2022-F-17)

The initial audit, issued in December 2020, found that the department did not provide adequate oversight of CTE programs offered through the secondary school system to ensure they align with student goals and the needs of the State labor market – specifically, those occupations that are most in demand, fastest growing or highest salaried. Auditors also identified several common issues that are a deterrent to students’ enrollment in CTE and their successful completion of the program, further contributing to the lack of skilled employees in certain industries. The follow-up found that the department made limited progress in addressing the issues identified in the initial audit report. Of the initial report’s seven audit recommendations, three were implemented, one was partially implemented and three were not implemented. 

 

Department of Health: Improper Medicaid Payments for Misclassified Patient Discharges (Follow-Up) (2022-F-21)

The initial audit report, issued in August 2021, found the department did not have a process to identify and recover improper Medicaid payments for inpatient claims with incorrect patient status codes, resulting in $28 million in improper and questionable Medicaid payments for recipients who were reported as discharged from a hospital, but then admitted to a different hospital within 24 hours of the reported discharge (which often meets the definition of a transfer). The follow-up found that the department made some progress in addressing the problems identified in the initial audit report, but additional action is still required. Of the initial report’s four audit recommendations, one was implemented, two were partially implemented and one was not yet implemented.

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Track state and local government spending at Open Book New York. Under State Comptroller DiNapoli’s open data initiative, search millions of state and local government financial records, track state contracts, and find commonly requested data.

Second Circuit Court of Appeals certifies a question concerning the NYCHRL and NYSHRL to the New York Court of Appeals

The federal district court in this action concluded that the New York City Human Rights Law and the New York State Human Rights Law "impact requirement could not be met by a nonresident Plaintiff whose only asserted geographical connection was that she was denied a promotion to a position in New York City and State."  Plaintiff appealed.

Explaining that this case presents an unresolved question of New York Law, the United States Circuit Court of Appeals, Second Circuit, reserving decision, and certified the following question to the New York Court of Appeals:

Whether a nonresident plaintiff not yet employed in New York City or State satisfies the impact requirement of the New York City Human Rights Law or the New York State Human Rights Law if the plaintiff pleads and later proves that an employer deprived the plaintiff of a New York City- or State-based job opportunity on discriminatory grounds?

The Circuit Court also observed that the New York Court of Appeals was not limited to the question as stated hereinabove. Rather, said the Circuit Court, "the New York Court of Appeals may modify the certified question as it sees fit and may direct the parties to address other issues that it deems relevant to the circumstances presented in this appeal."

The Clerk of the Circuit Court was directed to transmit to the Clerk of the New York Court of Appeals "a copy of the Circuit Court's opinion and a complete set of briefs, appendices, and the record filed by the parties" in the Circuit Court of Appeals and noted that "this panel will retain jurisdiction to decide the case once we have had the benefit of the views of the New York Court of Appeals or once that court declines to accept certification."

Click HERE to access the Circuit Court's decision.

Selected recent quasi-judicial decisions issued by the Commissioner of Education

Issuing a Certification of Good Faith pursuant to Education Law §3811[1]

An Education Law §3811[1] Certification of Good Faith requested by a Respondent in connection with an appeal to the Commissioner of Education is issued solely for the purpose of authorizing a board of education to indemnify such a Respondent for costs incurred in defending himself* in a proceeding arising out of the exercise of the Respondent’s powers or the performance of the Respondent’s duties as a board member, officer, employee or other actor described in §3811(1) unless the record establishes that the particular individual requesting such a certification acted in bad faith. Click on the URL below to access this decision posted on the Internet.

http://www.counsel.nysed.gov/Decisions/volume62/d18201 

* §22 of New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” Case summaries posted in NYPPL reflect this protocol.