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February 13, 2024

State Department and Agency Audits released by New York State Comptroller Thomas P. DiNapoli

On February 12, 2024, New York State Comptroller Thomas P. DiNapoli announced the following audit reports of State Departments and Agencies were issued.

Click on the text highlighted in color to access both the summary and the complete audit report

New York State Dental Insurance Program – EmblemHealth Plan, Inc. – Overpayments for Services Requiring Coordination of Benefits (2022-S-27)
The Department of Civil Service contracts with EmblemHealth Plan, Inc. (Emblem) to process and pay claims for services on behalf of the New York State Dental Insurance Program. To prevent duplicate payment of services, health insurance companies use a process called coordination of benefits for paying health care claims when an individual is covered by more than one insurance plan. Auditors identified $492,061 in overpayments for services processed with coordination of benefits for the audit period, January 2018 through October 2022, because Emblem failed to correctly coordinate benefits with each member’s other subscriber plan.

 

Department of Health – Medicaid Program – Recovering Managed Care Overpayments for Pharmacy Services on Behalf of Recipients With Third-Party Health Insurance (Follow-Up) (2023-F-27)
Many of the State’s Medicaid recipients receive their services through managed care and also have other third-party health insurance. Managed care organizations (MCOs) are required to coordinate benefits with recipients’ third-party health insurance prior to paying for Medicaid services. The Office of the Medicaid Inspector General (OMIG) contracts with Health Management Systems, Inc. (HMS) to identify and recover Medicaid payments that should have been paid for by third-party health insurance. A prior audit, issued in July 2022, determined that the Department of Health (DOH) and OMIG lacked adequate oversight of the third-party liability recovery process. HMS had not billed third-party health insurance carriers for the recovery of about $292 million in pharmacy claims that MCOs paid as the primary insurance for recipients who, according to the Medicaid claims processing system, had third-party health insurance drug coverage. The follow-up found that, of the initial report’s six audit recommendations, three were partially implemented and three were not implemented.

 

Department of Motor Vehicles – Assessable Expenses of Administering the Motor Vehicle Financial Security Act and the Motor Vehicle Safety Responsibility Act for the State Fiscal Year Ended March 31, 2023 (2023-M-1)
The Motor Vehicle Financial Security Act and the Motor Vehicle Safety Responsibility Act help ensure that the operators of motor vehicles driven in New York State possess adequate insurance coverage, or are financially secure, to compensate those persons they might injure or whose property they might damage as a result of an accident. The Department of Motor Vehicles is responsible for tracking the expenses of administering the acts and assessing these expenses on insurance carriers that issue policies or contracts of automotive bodily injury insurance. Auditors found that the expenses for administering the acts for the State Fiscal Year ended
March 31, 2023 totaled $25.5 million.

 

New York Racing Association – Purchasing and Procurement Practices (Follow-Up) (2023-F-31)
The New York Racing Association, Inc. (NYRA), a not-for-profit corporation that holds the exclusive franchise rights to operate New York State’s three major thoroughbred racetracks, entered into a bankruptcy settlement agreement in September 2008, conveying all rights, titles, and interests in its racetracks to the State. In return, the State forgave nearly all of NYRA’s debt obligations and a Franchise Oversight Board was established to oversee NYRA’s financial operations. A prior audit, issued in March 2022, found that NYRA needed to improve its monitoring and oversight of its purchasing and procurement process to promote sufficient competition. The follow-up found that of the initial report’s eight audit recommendations, three were implemented, two were partially implemented, and three were not implemented.

 

New York City Department of Education – Compliance With School Safety Planning Requirements (Follow-Up) (2022-F-32)
The New York State Safe Schools Against Violence in Education (SAVE) Act was signed into law in 2000 to promote a safer and more effective learning environment within State schools. Further, the Education Law requires schools and school districts to take safety planning actions and the State Education Department Commissioner’s Regulations and DOE Chancellor’s Regulations provide additional guidance. For example, the New York City Department of Education’s (DOE) District Safety Team must develop a comprehensive district-wide school safety plan and DOE’s schools must develop school-specific emergency response plans. A prior audit, issued in June 2019, determined that DOE could improve its compliance with the school safety planning requirements. The follow-up found that, of the initial report’s 19 recommendations, nine were implemented, four were partially implemented, and six were not implemented.

 

New York City Department of Buildings – Oversight of Building Construction Site Safety (Follow-Up) (2023-F-32)
The New York City Department of Buildings (DOB) is responsible for regulating the safe and lawful use of buildings and construction sites to promote the safety of all people who visit, live, and work in NYC. A prior audit, issued in September 2022, found that DOB’s oversight of building construction sites and enforcement activity needed to be improved to ensure that responsible parties report all building construction site incidents and comply with codes, rules, and regulations. Additionally, DOB’s enforcement activities provided limited assurance that immediately hazardous conditions identified by DOB were being addressed in a timely manner. The follow-up found that, of the initial report’s six recommendations, two were implemented, one was partially implemented, and three were not implemented.

 

New York City Department of Social Services – New York City Department of Homeless Services – Oversight of Contract Expenditures of Samaritan Daytop Village, Inc. (2022-N-6)
The New York City Department of Homeless Services (DHS), a unit of the New York City Department of Social Services (DSS), is responsible for providing transitional housing and services for eligible homeless families and individuals in New York City (City) and for providing fiscal oversight of the homeless shelters. In July 2013, DHS contracted with Samaritan, a City-based not-for-profit organization, to provide services for men with mental illness at their 160-bed Myrtle Avenue Men’s Shelter (Myrtle) for the period from August 2013 to June 2018. To qualify for reimbursement, Samaritan’s expenses must comply with the DHS Human Service Providers Fiscal Manual, the New York City Health and Human Services Cost Policies and Procedures Manual, and the Myrtle contract. The audit found that DHS is not effectively monitoring its contract with Samaritan to ensure reported costs are allowable, supported, and program related. For the two fiscal years ended
June 30, 2021, auditors identified $566,556 that did not comply with requirements.


About the New York State Common Retirement Fund

The New York State Common Retirement Fund [Fund]  is one of the largest public pension funds in the United States. The Fund holds and invests the assets of the New York State and Local Retirement System on behalf of more than one million state and local government employees and retirees and their beneficiaries. It has consistently been ranked as one of the best managed and best funded plans in the nation.

On February 03, 2024, Comptroller DiNapoli announced that the estimated value of the Fund was $259.9 billion at the end of the third quarter of state fiscal year 2023-24. For the three-month period ending Dec. 31, 2023, Fund investments returned an estimated 6.18%.

“The markets have seen an improvement over the past quarter, but some volatility remains,” DiNapoli said. “Economic opinions are mixed about the year ahead and uncertainty persists. Still, thanks to our prudent management and long-term strategy, our pensioners and members can remain confident that their pension benefits are safe.”

The Fund's value reflects retirement and death benefits of $4.2 billion paid out during the quarter. Its audited value was $248.5 billion as of March 31, 2023, the end of last state fiscal year.

As of Dec. 31, the Fund had 41.84% of its assets invested in publicly traded equities. The remaining Fund assets by allocation are invested in cash, bonds, and mortgages (22.62%), private equity (14.75%), real estate and real assets (13.30%) and credit, absolute return strategies, and opportunistic alternatives (7.49%).

The Fund’s long-term expected rate of return is 5.9%.

DiNapoli initiated quarterly performance reporting by the Fund in 2009 as part of his on-going efforts to increase accountability and transparency.

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February 12, 2024

A claimant seeking unemployment insurance benefits is ineligible to receive such benefits if the claimant is not totally unemployed during the period claimed

In administrative appeals from four decisions issued by the Unemployment Insurance Appeal Board the Claimants were found ineligible to receive unemployment insurance benefits because they were not totally unemployed during the period claimed.

Claimants were civil service employees working full-time at facilities operated by the Department of Corrections and Community Supervision [DOCCS]. performing services as either educational supervisors or instructors or teachers for incarcerated individuals. Claimants were paid an annual salary for their teaching or supervisory duties during the academic year, which typically ran from September 1 through the June 30, next following.*

Prior to 2020, all Claimants also elected performed services for DOCCS during the summer months and were paid additional compensation at an hourly rate. Due to the COVID-19 pandemic, however, Claimants were not offered, and did not perform, additional duties over the summer months in 2020. 

Claimants, however, applied for and received various unemployment insurance benefits for 2020 summer months. Ultimately the Department of Labor [Department] determined that because Claimants were employed and paid on an annual basis with respect to their regular professional obligations, they were [1] not totally unemployed on the dates for which they sought unemployment benefits beginning in June 2020, [2] were deemed ineligible to receive state or federal benefits for this period and [3] were charged with recoverable over-payments for such period.

The Claimants appealed the Department's determination. An Administrative Law Judge [ALJ] concluded that Claimants were not entitled to regular unemployment insurance benefits, nor Federal Pandemic Unemployment Compensation [FPUC], Pandemic Unemployment Assistance [PUA] or Lost Wages Assistance [LWA] benefits because they were not fully unemployed during the period for which they sought any such benefits and held any such payments were recoverable.

Claimants' filed an administrative appeal challenging the ALJ's ruling. The Unemployment Insurance Appeal Board, however, issued the said four decisions affirming the ALJ's findings and conclusions. Claimants then filed a CPLR Article 78 petition appealing the Appeal Board's decisions.

The Appellate Division, referencing Matter of Almindo (New York State Dept. of Corr. & Community Supervision-Commissioner of Labor) [___ AD3d ___, 2023 NY Slip Op 0642], noted that not unlike the Claimants in the instant matter, the Almindo claimants were full-time instructors, teachers or educational supervisors employed by DOCCS at various correctional facilities. Similarly, Almindo claimants were paid an annual salary during the course of the academic year and had the option of receiving such salaries over the course of a 10- or 12-month period. 

As was the situation here, the claimants in Almindo were not offered additional work during the summer of 2020 due to the COVID-19 pandemic, applied for and received various state and federal unemployment benefits and subsequently were found to be ineligible to receive such benefits because "they were not totally unemployed during the relevant periods".

Noting the Almindo court had opined "The fact that optional, additional work was not available over the summer ..., as it had been in prior years, does not change the analysis or conclusion that [Almindo] claimants remained employed over the summer recess, i.e., they were not totally unemployed ... and, thus, were ineligible to receive regular unemployment benefits for that period", the Appellate Division, in the instant matter, held the Almindo "analysis and holding applies with equal force" to Claimants here and affirmed the Appeals Board's determinations, without costs.

* The Claimants had the option of receiving their annual salary over the course of either the 10-month academic year or the 12-month calendar year. Three Claimants elected to be paid over a 12-month period, and one claimant opted to be paid over a 10-month period.

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

 

February 10, 2024

Selected links to items focusing on government operations posted on the Internet during the week ending February 9, 2024

2024 and Beyond: How to Find the Right Cloud Service Provider Now Facing growing cyber threats, governments are looking to cloud service providers to help increase efficiencies, reduce complexity and secure their networks. Utilizing StateRAMP or FedRAMP can help streamline the CSP selection process. Here’s what else to prioritize. READ MORE

 

8 Features of the Best Audit Management Software for Public Sector The shift to electronic working papers in the audit community fosters collaboration but inadvertently generates dark data. Audit management software offers solutions to access, analyze and maximize audit data's value. READ MORE

 

Active Shooter Drill Shows the Difficulties of Response Even with months of planning for an active shooter drill at a high school in Conneaut, Ohio, with an emphasis on interoperability, the drill showed how ingrained in police departments is the inability to communicate. READ MORE

 

Albany Law School's Goverment Law Center's Legal Director Richard Rifkin authored an explainer about the New York Early Mail Voter Act, a new law which permits any registered voter to cast their ballot early by mail, and ongoing constitutional challenges to the statute. This week, New York State Supreme Court Justice Christina L. Ryba [ALS ’01] ruled that the law is constitutional. Notice that the decision will be appealed to the Third Department has already been filed.

 

Annual Report: The 2024 State of Online Payments Few utility and local government customer touchpoints are as operationally important as billing and payments. To help understand the preferences of their customer base in 2024, over 2,000 American billpayers were surveyed for insights on trends and general bill payment behaviors. DOWNLOAD PDF

 

Artificial Intelligence Testifies at Pennsylvania House Hearing In a hearing titled “Navigating the Future of Artificial Intelligence,” lawmakers heard testimony from experts at IBM, TechNet and Harrisburg University — as well as testimony directly from ChatGPT. READ MORE

 

Atlanta’s Pilot Literacy Program Aims to Improve Equity The initiative will run in eight schools and hopes to boost performance, especially among Black and economically disadvantaged students. More than 40 percent of Atlanta third graders were reading below grade level last year. READ MORE

 

Automating Permit Applications This thought leadership paper explains how agencies can use new technology to automate and streamline the creation and approval of permit applications. DOWNLOAD PDF

 

Better Planning Could Help States Avoid Perilous Deficits An analytic tool known as a long-term budget assessment can help states anticipate the fiscal challenges that lie ahead and change course in time to avoid them. Unfortunately, only a minority of states do this. READ MORE

 

Boosting .Gov Adoption: Can a New, Quicker Process Help? According to a Government Technology analysis of CISA data, only 42 percent of counties have registered .gov domains. Now that the federal government is making it easier than ever to get a .gov domain, will more agencies make the change? READ MORE

 

California Agrees to Spend $2B for Kids Harmed by Remote Learning The state has settled a lawsuit filed on behalf of low-income students of color from Oakland and L.A. They claimed the state offered insufficient support for remote learning. READ MORE

 

CivStart Calls on Startups to Best Local Government Challenges The 2024 Government Innovation Challenge and Pitchfest puts gov tech startups in touch with potential local government partners to address pressing public-sector issues. The event will be held in Kansas City, Mo., on April 30. READ MORE

 

Climate Change Prompts New Question, Should There Be a Category 6 Hurricane? A new report studied 197 Category 5 tropical cyclones between 1980 and 2021 and it identified five storms that hypothetically could be classified as Category 6, including a cyclone that had wind speeds up to 215 mph. READ MORE

 

Connecting First Responders with Mental Health Expertise Harris County, Texas, uses a strategic approach to law enforcement's role in crisis intervention. Read the case study to explore how the county uses technology to drive forward-thinking mental health and public safety solutions. DOWNLOAD PDF

 

CYBERSECURITY New Book Offers Approachable Guide for Teaching Cybersecurity Looking for a handbook for teaching the cybersecurity body of knowledge in a conventional classroom setting? Read this book by Daniel Shoemaker, Ken Sigler and Tamara Shoemaker. READ MORE

 

Data and AI: Reinventing Government Services and Operations Numerous pilot projects in recent years have proven the value of artificial intelligence (AI) in government and paved the way for wider adoption. At the same time, state and local agencies are managing ever-growing volumes of data, with the intention of making more informed decisions and improving operations and services. READ MORE

 

Data Index Tool Offers Glimpse at School Success Boundaries The Open Data Index for Schools, a new data tool programmed by an education nonprofit, offers a buffet of federal data within school attendance boundaries. Here's how local government agencies can use it. READ MORE

 

Disaster Zone Podcast: The Emergency Management Workforce and Training Training is fundamental to emergency management. READ MORE

 

Emerging Trends in State and Local Government IT for 2024 Innovation and disruption have always been part of the government technology landscape. But the pace of change is escalating rapidly. Here are five emerging trends will impact organizations in 2024 – and how to prepare. DOWNLOAD PDF

 

Fact Sheet: Emergency and Routine Mass Notifications Expedite critical alerts, warnings, instructions, and routine updates so that you can keep citizens informed and safe in an emergency. Download the Fact Sheet

 

Feds Issue Warning Over Ivanti Cybersecurity Vulnerabilities Ivanti, which has verified the cybersecurity issues with its own investigation, is working to release patches and mitigations, but in the meantime there are precautions that users can take. READ MORE

 

Five Policy Issues to Watch in 2024 What you need to get up to speed in terms of how state lawmakers are addressing education, energy, health, housing and even international affairs. READ MORE

 

Forum Questions Future of Digital Identity, Path Forward Panelists at a recent policy forum said passkeys with detection-enabled biometrics make for a more secure online future, but accessibility and digital equity concerns must be addressed. READ MORE

 

From roads to bridges to drainage systems, a successful civic infrastructure project requires communication among all stakeholders. But communication challenges can arise throughout the life cycle of any infrastructure asset. READ MORE

 

Fulton County, Ga., Cyber Attack Causing Major Outages Currently, residents cannot get new marriage certificates, election offices are closed, property transactions cannot be processed and online court record systems are unavailable. READ MORE

 

Georgia Joins List of States Looking to Limit AI in Health Decisions As artificial intelligence integrate across almost all sectors, lawmakers are working to safeguard their constituents against potential biases and set ethical standards around the technology. READ MORE

 

Government’s Untapped Talent Resource: Its Own Retirees There are millions of them, many of them still want to work, and they have a lot to offer. It’s time to rethink laws and pension rules that prevent them from contributing. READ MORE

 

Groundwater Is Vanishing, but It Can Be Rescued Aquifers that were shrinking are being replenished in places as varied as Tucson and Bangkok. It’s a matter of “water consciousness.”  READ MORE

 

How Are Chatbots Being Used in Government Agencies? A University at Albany research team conducted a study on how 22 state government agencies are harnessing chatbot technology, uncovering valuable insights into the challenges faced and lessons learned. READ MORE

 

How GenAI and Custom GPTs Could Impact Government in 2024 New generative AI tools are poised to make an even bigger impact in state and local government in the year ahead. Jurisdictions need to understand their potential uses and how they will impact resident services. READ MORE

 

In 2024, SLED IT Spending Takes a Whole-of-State Focus An analysis of state and local government and education budgets for 2024 suggests collaboration and an emphasis on looking at statewide priorities and outcomes will drive spending. READ MORE

 

Los Angeles County Looks to Correct Racist Housing Records The county has hired a company to redact racially restrictive covenant language from millions of county records, dating back to 1850. It will take at least seven years to complete the process of reviewing 130 million documents. READ MORE

 

Medicate, Mitigate and Rejuvenate: An Agenda for States in 2024 Mental health, climate and workforce are at the core of a complex cluster of issues confronting lawmakers this year. READ MORE

 

Most Overdose Deaths Today Involve Synthetic Opioids Synthetic opioids are fast and deadly, hiding in many street drugs. Learn about a different emergency tool for opioid overdose rescue. NP-OPV-US-00036 LEARN MORE

 

New Summits Aim to Strengthen Cybersecurity for U.S. Courts Cyber attacks continue to threaten U.S. courts, but an event series slated for later this year aims to help judicial officials prepare for and recover from cyber incidents. READ MORE

 

Observability for Hybrid IT Environments State and local governments use many digital tools to accomplish their goals, but the complex mix of different solutions can make it hard to spot inefficiencies, fix problems or even know if applications are working properly DOWNLOAD PDF

 

Oklahoma Governor Says AI Can Eliminate Government Redundancy On the heels of a recent report from the state’s AI Task Force, Gov. Kevin Stitt is advocating for the removal of human workforce redundancies in favor of artificial intelligence systems. READ MORE

 

Private Equity’s Growing Footprint in Home Health Care Draws Scrutiny The home health-care industry is lucrative — but lightly regulated. READ MORE

 

Public Sector Tech Trends: A Modernization Guidebook Learn how to build a more resilient, data-driven organization so you can meet demands like remote work, digital services, and risk management. GET THE GUIDE

 

Remote Work Gap Between San Antonio and Nation Continues to Grow Companies are still trying to get their workers back into offices across the nation, while the percentage of San Antonians working from home continues to decline. By comparison, more than twice the share of workers are still remote in Austin. READ MORE

 

Special: Securing America's Digital Infrastructure A round up industry best practices on topics such as security, threats, and privacy. See how companies are helping state and local agencies tackle and prepare for all things cybersecurity. NEWS, CONVERSATIONS AND RESOURCES

 

The Biggest Finance and Management Issues to Watch in 2024 State budgets are on track for modest growth even as federal fiscal recovery funds wane, pension underfunding persists and AI promises (or threatens) to change everything. READ MORE

 

The End of Federal COVID Money Means Shortfalls for States and Schools Washington provided $800 billion in pandemic relief. With most of that money spent, states now face major funding gaps for Medicaid, while school districts, child-care providers and transit agencies are also struggling. READ MORE

 

The Future of Sustainable Cities: A Whole-of-Government Approach to Electric Vehicle Implementation EVs drive urban resilience: harnessing cross-government strategy and funding for sustainable transformation. READ MORE

 

The Public Sector’s Guide to Modernization Struggling to keep up with tech trends? This guidebook will help you meet the growing demand for modernization. DOWNLOAD THE GUIDE

 

These States Are Maximizing Federal Investment in Safe Drinking Water The Biden administration wants to help remove all lead service lines in the U.S. within the next decade. A new report from the Center for American Progress highlights progress in states like Wisconsin and Pennsylvania. READ MORE

 

They’re a complex tangle of technology and services with multiple stakeholders, so regulation is messy. There is a particular decision-making process that could help. READ MORE

 

Too Many Security Cameras, Not Enough Safety Do cameras on our porches, at traffic lights, in our parks and along our streets really contribute to our overall security? The data are unpersuasive. READ MORE

 

Tyler and Amazon Expand Public-Sector Cloud Partnership The two giants have extended their cloud relationship in a new deal. It comes as Tyler Technologies continues to grow and embrace AI, and works to move more public-sector tech programs to the cloud. READ MORE

 

Washington Senate Approves Requirement for All Public Schools to Have Naloxone The overdose reversal medication is only required in larger high schools under current law. The bill is a response to rising opioid-related deaths among young people. READ MORE

 

We Could Benefit from More Options to Fight Synthetic Opioids The threat from illicit fentanyl and other synthetic opioids is evolving. The time for additional options is now. NP-OPV-US-00036 LEARN MORE

 

What's Behind the Push Toward Privatizing Water Systems? About a dozen states have passed legislation to promote sales of water and wastewater utilities. Although private money can fund upgrades, environmentalists say drinking water shouldn't be a for-profit enterprise. READ MORE

 

Where Are All the Primary Care Providers? The nation currently has more than 1,000 federally designated primary care shortage areas. More than 180 areas have had a primary care shortage for at least 40 years. READ MORE

 

Will AI-Powered Deepfakes Sow Chaos During Election Year? Election watchers and technology experts say the rise of publicly available artificial intelligence will present a great threat to the ability of voters to separate truth from fiction as a vital election draws closer. READ MORE

 

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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