Selected links to items focusing on governmental operations posted on the Internet during the week ending May 17, 2024

 

 3 Signs It’s Time to Find a New IT Service Management Tool Upgrading your ITSM tool can boost efficiencies, save money and result in better service delivery for end users. READ MORE

 

A Wake-Up Call on Digital Experience and Accessibility Research shows agency websites have more barriers than public officials may think. This paper explains how agencies can ensure equity for individuals with disabilities and improve usability for all constituents. DOWNLOAD

 

AI Adding New Fraud, Scam Challenges for Police Joan Lawcewicz, a financial crimes investigator in Chippewa Falls, Wis., said that artificial intelligence has made this type of scam even more problematic and easier to fool the unsuspecting public. READ MORE

 

AI: A Wildland Firefighter’s New Best Friend? Pano AI’s CEO discusses how artificial intelligence is revolutionizing wildfire detection and response by helping agencies optimize resource allocation and protect lives through smarter firefighting tactics. READ MORE

 

AI’s Potential in Government? Ask the Chief Data Officer Colorado Chief Data Officer Amy Bhikha is playing a central role in the state’s approach to artificial intelligence. She and her peers across the country are joining forces to safely unlock the opportunities AI offers. READ MORE

 

Americans Worry AI Deception Will Affect 2024 Elections More than three-fourths of Americans expect that abuses of artificial intelligence will affect the 2024 presidential election, according to a new national survey. READ MORE

 

Arizona Fiber Work Will Connect Vehicles and Residents A public-private partnership involving two state agencies and a broadband technology provider will lay more than 400 miles of fiber-optic conduit on three Arizona interstates. It will link connected vehicles as well as homes and businesses. READ MORE

 

As Property Tax Bills Rise, States Look for Long-Term Solutions Lawmakers in Mountain West seek to provide permanent tax relief without harming local revenue. READ MORE

 

Atlanta Considers Banning Data Centers from Beltline, Transit Stops Proposed legislation would prohibit data center development along the 22-mile Beltline trail loop and from within a half mile of transit centers, including MARTA stations and BRT stops. Existing data centers would be unaffected. READ MORE

 

Bridging Communication Gaps in Civic Infrastructure Projects 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

 

Build Your Government AI Strategy AI value creation isn’t just about the technology. Learn how to build a successful AI strategy for your organization’s unique challenges with the AI Strategy Roadmap. DOWNLOAD THE GUIDE

 

California Offers $400 to Test Gas Tax Alternatives State officials are offering up to $400 in gift cards to drivers who are willing to try out a new system aimed at replacing the gas tax with funding based on the number of miles a person drives. READ MORE

 

California Taps Vendors to Explore Generative AI Use Cases Following a gubernatorial executive order on generative artificial intelligence and new guidelines in March, the state will work with five technology companies to “test, iterate, and evaluate” GenAI and create proofs of concept. READ MORE

 

California’s Project Roomkey for the Unhoused Was a Success but May Be Too Expensive to Last An independent study found that more than 62,000 people received temporary housing under the program that moved medically vulnerable people from the streets and congregant shelters to empty hotel and motel rooms. READ MORE

 

CARE Resource Connection Fills a Public Safety, Health-Care Gap The nonprofit connects chronic 911 callers to the resources they need so that fire departments aren’t tied up and those patients don’t end up having to get their health care from the emergency room. READ MORE

 

Colorado Bill Requires Law Enforcement to Codify Prone Restraint Policy A new bill would require Colorado law enforcement agencies to publish policy on the controversial "prone restraint", a technique that many critics link to the deaths of those restrained facedown. READ MORE

 

Cybersecurity, Deepfakes and the Human Risk of AI Fraud AI-generated cyber attacks and deepfakes mean new risks and new ways to fight them. "Human risk management" is a term to describe how organizations train their staff to detect these evolving threats. READ MORE

 

Decode AI for Government AI is changing the game at every level of Government. Learn how Generative AI and Large Language Models can revolutionize constituent engagement and help solve some of society’s most pressing challenges. Start the Learning Path >

 

Delaware Single Sign-On Adds Payment Portal for Residents
As governments nationwide work toward providing digital services via an Amazon-like experience, CIO Greg Lane outlines launching Delaware’s single sign-on solution with a payment portal. READ MORE

 

Eliminate Silos to Innovate Your Transportation System Bike paths, bus systems, crosswalks and airports — all should work together, transportation leaders said recently. Forging an efficient and seamless network, they agreed, can bring challenges, but opportunities as well. READ MORE

 

Empowering Local Leaders with New Skills in Tennessee Technology leaders in Tennessee found an innovative approach to improve local government IT skills. The state may be the only one in the nation that's using federal ARPA funding to pay for training in cybersecurity and other essential tech disciplines in local governments statewide. DOWNLOAD

 

Exploring Emerging Trends in Government Technology — ICYMI William “Bill” Eggers, executive director of Deloitte’s Center for Government Insights, explores the latest technologies and anticipates trends for government in 2024. READ MORE

 

Federal funding is complex. The KPMG Smart Grants Platform suite is helping governments transform grants management for better outcomes. EXPLORE MORE

 

Fixing California Budget Deficit May Mean Cutting Broadband In the May revision of his proposed 2024-2025 fiscal year state budget, Gov. Gavin Newsom called for $2 billion in cuts to rolling out high-speed Internet. It’s possible, he said, “to actually achieve similar goals at a lower cost.” READ MORE

 

How Can Generative AI Impact Government Services? From simplifying constituent experiences to empowering public servants, Generative AI is here to transform government operations and services. Read the report >

 

How Inclusive Content Can Increase Resident Engagement Local government websites should be resident engagement tools, not digital brochures or org charts. We use intuitive navigation, smart search, and more for optimal self-service. DOWNLOAD NOW

 

How Private Schools Improve Civic Education A recent study suggests that private schools are slightly more effective than public schools when it comes to boosting student achievement in civics and their understanding of it. READ MORE

 

If AI Wrecks Democracy, We May Never Know Propaganda doesn’t need to go viral to sway elections anymore. That makes artificial intelligence’s impact more insidious and harder to detect. READ MORE

In the report Reimagining Public Sector Services with Generative AI, we learned how public servants around the world are using generative AI to reimagine operations and services.

Lack of ITIL and Automation Remain Public-Sector Challenges A study found public-sector IT struggles with automation and ITIL. Learn how to tackle these challenges and gain insights into what other public-sector IT leaders are doing to solve these problems. READ MORE

 

Maryland Dashboards Aim to Be Economic Shock Absorbers The state Department of Commerce and the Eastern Shore Regional GIS Cooperative have launched four dashboards that aggregate multiple streams of demographic and economic data, providing insight for government and residents. READ MORE

 

Massachusetts Offers New Cyber Grants to Local Governments The recently announced Cyber Resilient Massachusetts Grant Program offers state funds to help address cybersecurity gaps identified by vulnerability assessments. Applications are due July 1. READ MORE

 

Michigan Airport Will Probe Its Cybersecurity Strength The Cherry Capital Airport in Traverse City will work with contractor Windemuller Electric to do a vulnerability assessment. Officials will look at the airport’s computer network and do an internal audit of digital systems. READ MORE

 

Minnesota Going Digital for Licensing Hunters, Fishers, Trappers, Boaters and State Trail Users The state’s licensing and permitting system for outdoor recreation will undergo a digital  transformation next year that will help it better manage some 2.3 million license transactions annually. READ MORE

 

Moses Lake Cuts 103 Teachers After $11 Million Accounting Error The Washington state school district mistakenly recorded revenue twice during the accrual and reconciliation process, revealing a $20 million shortfall when the error was corrected. The staff reduction will save about $13 million. READ MORE

 

Moving Courts to the Cloud Court and justice leaders are learning that deploying their own cloud solutions often generates new infrastructure challenges. Software-as-a-service avoids these issues and helps courts upgrade systems, launch new services and scale services to meet growing demand. DOWNLOAD

 

New Mexico Official Works to Raise Awareness of Deepfakes With election season poised to start, New Mexico’s secretary of state wants to make the public more aware of the ways deepfakes and artificial intelligence can be used to manipulate information. READ MORE

 

Nine Website Design Techniques to Help Residents Find Information in Two Clicks Local government websites should be easy to navigate. Learn more about CivicPlus's 2-click concept to and build trust within your community by ensuring they can find the information they need in the most efficient way possible. DOWNLOAD NOW

Now, in a new e-Book from Microsoft, we're learning how to apply responsible AI practices with six strategies for AI implementation. This guide isn't just an insightful read - it's a blueprint for future-proofing AI governance! 

NSBA 2024: How Should School Boards Approach AI in the Classroom? At the National School Boards Association conference in April, school board members from across the U.S. said they intended to find partners and leaders who could help their districts make decisions about AI. READ MORE

 

NSBA 2024: Students Must Learn AI to Compete on Global Stage In Bakersfield, Calif., Chris Cruz-Boone and other school leaders gathered input from parents, teachers and industry leaders on what every graduating student should have. An ability to innovate was one priority. READ MORE

 

Pennsylvania Hopes to Recruit Workers Ahead of Retirement Wave Gov. Josh Shapiro signed an executive order on Monday that pioneers several initiatives to attract public service workers. Approximately 18,000 state employees will become eligible to retire in the next five years. READ MORE

 

Peregrine Raises $30M as Public Safety Tech Market Grows The company, which sells data integration software for state and local agencies, plans a hiring spree. The company is eyeing steady growth as more governments demand better ways to assemble and use data. READ MORE

 

Plummeting Balance in Federal Crime Victims Fund Alarms States A 6-year plunge in federal funding that aids victims of sexual assault, domestic violence and child abuse is causing alarm among state and local organizations that rely on those dollars to provide services. READ MORE

 

Port San Antonio Wants to Build $1B Air Force Cyber Campus Though no one in the Pentagon asked, Port San Antonio wants to help the 16th Air Force find a new home to carry out its military cyber mission on the organization's Southwest Side industrial campus. READ MORE

 

Prince George’s County AI Executive Order Targets Equity, Access Among its directives, the order from the Maryland county’s executive creates an AI task force that will be responsible for drafting strategies, use cases and priorities. “Digital access equity” is central to that work. READ MORE

 

Reimagining the Future of Public-Sector IT With a crowd of more than 900 people, the NASCIO Midyear Conference buzzed with energy about generative artificial intelligence, along with concern that humans remain in charge. READ MORE

 

Restorative Urbanism in Over-the-Rhine A look back to look forward in Cincinnati's best-known urban neighborhood. READ MORE

 

RSA 2024: AI’s Growing Influence Amplifies Global Cyber Impact As another RSA Conference in San Francisco ended on May 10, 2024, the global impact that cybersecurity and artificial intelligence bring to every area of life has become much more apparent. READ MORE

 

RSA: Can Interventions Turn Teens from Cyber Crime to Cybersecurity? Teen hackers are becoming powerful cyber criminals, and their misbehavior is often hidden from parents until it becomes a felony. Now, authorities are aiming to divert teen hackers from cyber crime into cybersecurity. READ MORE

 

RSA: U.S. Releases International Cyberspace and Digital Strategy Secretary of State Antony Blinken said the plan aims to build domestic emerging tech strengths and collaborations with like-minded partners on international supply chains and global norms of safe and rights-respecting technology use. READ MORE

 

RSA: White House Updates National Cybersecurity Strategy Critical infrastructure is a big focus of this new federal refresh, with top goals around cybersecurity protections for health care, education, energy and water. READ MORE

 

Short-Staffed? How AI Helps New Jersey Residents Reach City Hall The Borough of Prospect Park has deployed a tool from gov tech startup Polimorphic to respond to incoming telephone calls. The artificial intelligence is helping a small staff connect with residents despite a reduced work week. READ MORE

 

SLCGP Money Goes to Training, Assessments, Policy Development As the deadline for year two funding approaches, Washington CISO Ralph Johnson talks about the state’s spending priorities with historic federal support for cybersecurity as the NASCIO Midyear conference gets underway in National Harbor, Md. READ MORE

 

Small Georgia Agency’s Big Part in Climate, Infrastructure Spending The state’s Environmental Finance Authority acts as a bank, a development authority and an aid agency all at once. The agency’s mission is about to get even larger as it will manage $1 billion of federal aid. READ MORE

 

Smart Cities and Cybersecurity: Protecting Citizens from Malicious Attacks Smart cities and cybersecurity are inseparable. When you start integrating the Internet of Things with infrastructure, a city cyber attack is, unfortunately, inevitable. But that doesn't mean it has to be successful. READ MORE

 

So Revolutionary, It Deserves Two Mic Drops The Microflex® Wireless neXt system is a 2 channel, all-in-one wireless audio solution for conferencing and presentation in hybrid classrooms, training rooms, and lecture halls. LEARN MORE

 

Taking a Broad Approach to Digital Identity This thought leadership paper explains why states need to go beyond adopting mobile driver’s licenses (mDLs) to fully address digital identity and fraud. The paper explores the advantages and disadvantages of mDLs, the spectrum of digital ID options, and best practices. DOWNLOAD

 

The Answer to Ransomware? ‘Doubling Down on the Fundamentals’
Alaska CIO Bill Smith said that while ransomware is a huge threat and priority for him and the other state CIOs at the NASCIO Midyear conference, the most important way to turn the tide is getting back to basic cyber hygiene. READ MORE

 

The Best Way to Do Infrastructure Projects Some interest groups don’t like project labor agreements, but new research shows that they benefit taxpayers and the construction industry while strengthening our skilled trade workforce. READ MORE

 

The Fiscal Fix Our Unemployment Insurance Systems Need State agencies are trying to address technical shortcomings that led to as much as $135 billion in fraud during the pandemic. But declining and volatile federal funding for administration is impeding those efforts. READ MORE

 

The Power of Simple for Government Read this brief to find out how applying cloud operating principles and practices to on-premises network infrastructure can help agencies manage complex IT environments. DOWNLOAD

 

Using AI, Indiana Outlines Career Paths for Job Seekers The state of Indiana has implemented a tool called Pivot, which leverages artificial intelligence to support job seekers by unveiling potential career paths personalized to their career goals. Later this year, it will begin to take on other tasks. READ MORE

 

What the U.S. Still Needs to Do to Combat Ransomware Experts recently discussed new early-warning tools, strategies for disrupting cyber criminals long term, and awareness and preparation campaigns that reach everyone. READ MORE

 

What’s Next for AI in States? An AI Sandbox With policies and guardrails in development around the country on responsible use of generative AI, Massachusetts and Georgia are creating environments where agencies can safely find real-world uses for the emerging tech. READ MORE

 

White House Will Require Cyber Standards for Hospitals The Biden administration plans to require hospitals to meet minimum cybersecurity standards, and will provide free training to small, rural hospitals. The moves follow the February Change Healthcare hack that may impact 1 in 3 Americans. READ MORE

 

Why Some Cities Want to Combine Transit Agencies Chicago and San Francisco are looking to consolidate the transit agencies in their respective cities, proposals backed by state lawmakers. Advocates say such reforms could improve service for riders and make it easier for politicians to address funding issues. READ MORE

 

Wi-Fi Access Provider Nomadix Enters the SLED Market The U.S.-based company, the target of a acquisition earlier this year, provides web infrastructure tools to hotels and other businesses with public areas. The move is a response to local agencies’ need to boost community engagement. READ MORE

 

Damages for emotional distress are not available under Title II of the ADA, which tracks the remedies, procedures, and rights available under the Rehabilitation Act.

 

United States Court of Appeals

 For the Second Circuit

 August Term 2023 Argued: March 19, 2024 

Decided: May 10, 2024 

No. 23-1217 

JASON DOHERTY, Plaintiff-Appellant, 

v. 

PATRICIA BICE, Individually and as Dean of Student Affairs for Purchase College, et al

No. 18-cv-10898

Jason Doherty appeals from a judgment of the United States District Court for the Southern District of New York (Román, J.) dismissing his claims under the Americans with Disabilities Act (the “ADA”) for declaratory and injunctive relief and emotional distress damages against several current and former administrators 2 of Purchase College, State University of New York (collectively, “defendants”). 

Doherty, a former student at Purchase College who has Asperger Syndrome, sued defendants after Purchase College issued no-contact orders against him at the request of three other students during his freshman orientation in August 2017. 

The district court granted judgment on the pleadings to defendants under Federal Rule of Civil Procedure 12(c), concluding that (1) it lacked subject matter jurisdiction over Doherty’s claims for declaratory and injunctive relief since they were moot, and (2) Doherty failed to state a claim for damages because emotional distress damages are not available under Title II of the ADA after the Supreme Court’s decision in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. 212 (2022). 

On appeal, Doherty challenges these conclusions and argues that, even if emotional distress damages are unavailable, the district court erred in not allowing him to assert claims for economic or nominal damages. 

In the words of the Circuit Court: "We disagree".

First, Doherty’s claims for declaratory and injunctive relief are moot given that the nocontact orders are not disciplinary actions, are not part of his permanent record, and expired upon his graduation. 

Second, emotional distress damages are not available under Title II of the ADA, which explicitly tracks the remedies, procedures, and rights available under the Rehabilitation Act. 

Finally, Doherty has forfeited any claims for other damages. 

Accordingly, the Circuit Court AFFIRM the judgment of the district court. 

The Second Circuit's opinion is posted on the Internet at: 

https://ww3.ca2.uscourts.gov/decisions/isysquery/e5e65c5c-615a-41a1-862b-20291c531408/3/doc/23-1217_opn.pdf#xml=https://ww3.ca2.uscourts.gov/decisions/isysquery/e5e65c5c-615a-41a1-862b-20291c531408/3/hilite/

Commissioner of Education dismissed an appeal challenging a school district's use of cooperative bidding in connection with a capital project

 

Appeal of ANTHONY CRISORIO, et al., from action of the Board of Education of the Bethlehem Central School District regarding a contract.

Decision No. 18,405

(May 6, 2024)

Archer, Byington, Glennon & Levine LLP, attorneys for petitioners Anthony Crisorio, New York State Laborers-Employers Cooperation and Education Trust, Eastern New York Laborers District Council, Laborers Local 190, LIUNA, AFL-CIO, James W. Versocki, Esq., of counsel

Couch White, LLP, attorneys for petitioners Associated General Contractors of New York State, LLC and Eastern Contractors Association, Inc., Joel M. Howard, III, Esq., of counsel

Honeywell Law Firm, PLLC, attorneys for respondent, Christopher J. Honeywell and Lauren P. McCluskey, Esqs., of counsel

ROSA., Commissioner.--Petitioners, a district resident and several labor and contracting organizations (collectively, “petitioners”), appeal the Board of Education of the Bethlehem Central School District’s (“respondent”) use of cooperative bidding in connection with a capital project.  The appeal must be dismissed.

In 2023, respondent began soliciting bids for construction work on a capital project.  The project included several components, most of which were competitively bid.  A few aspects—those related to a turf field, athletic field lighting systems, and bleachers—were not.  They were instead cooperatively bid through entities called Keystone Purchasing Network and Sourcewell.  Those entities, in turn, awarded the work to several subcontractors.  This appeal ensued.  Petitioners’ request for interim relief was denied on August 9, 2023. 

Petitioners argue that all aspects of the district’s contract should have been competitively bid.  They contend that the contract in question was a “public works contract” that cannot be the subject of cooperative bidding.  They seek a determination that respondent improperly failed to solicit bids; a determination that the cooperative bidding herein was obtained without State Education Department (SED) approval; an order directing the cessation of work on the project; and an order directing that respondent re-bid the project.

Respondent argues that the appeal must be dismissed as untimely, for lack of standing, and for failure to join a necessary party.  On the merits, respondent asserts that it followed the cooperative bidding process as described in General Municipal Law (GML) § 103 (16).

In an appeal to the Commissioner, a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief (8 NYCRR 275.10; Appeal of P.C. and K.C., 57 Ed Dept Rep, Decision No. 17,337; Appeal of Aversa, 48 id. 523, Decision No. 15,936; Appeal of Hansen, 48 id. 354, Decision No. 15,884).

Petitioners have not proven that respondent erred by cooperatively bidding aspects of the capital project.  GML §103 (16) allows school districts “to contract for services related to the installation, ... of apparatus, materials, equipment, and supplies” by using other governmental contracts, often referred to as “piggybacking.”  To do so, (1) the federal government, a state or any political subdivision thereof must have been a party to the contract; (2) the contract must have been made available for use by the other governmental entity; and (3) the contract must have been awarded to the lowest responsible bidder or on the basis of best value “in a manner consistent with” GML § 103.[1]

Petitioners do not allege that respondent failed to satisfy these conditions.  Instead, they argue that “[t]he Cooperative Construction Project was ineligible to be awarded utilizing best value or ‘piggybacking’ ... as it was a public work contract and not a ... purchase contract [].”  GML § 103 (1), as petitioners indicate, requires competitive bidding for “[p]ublic works contract[s]” over $35,000.  However, GML § 103 (16)  specifically exempts the bids described therein from compliance with subdivision one.  Therefore, subdivision sixteen, which does not contain an exception for public works contracts, controls here.

Petitioners’ reliance on guidance from the Office of the State Comptroller is misplaced.[2]  Petitioners identify a single sentence therein indicating that “best value” may not be a basis to award a “purchase contract [] necessary for the completion of a public works contract.”  That sentence, however, is applicable to “Purchase Contracts and Contracts for Public Work if No Other Exception Applies” (emphasis added).  Here, as explained above, the piggybacking exception in GML § 103 (16) applies.[3]  Moreover, the guidance contains a separate section on piggybacking, which unambiguously states that “[u]se of these contracts constitutes an exception to the competitive bidding and offering requirements of the law.” 

I have considered the parties’ remaining contentions and find them to be without merit.

THE APPEAL IS DISMISSED.

END OF FILE

 

---

[1] Office of the New York State Comptroller, Bulletin, “‘Piggybacking Law’ – Exception to Competitive Bidding (Updated) (Oct. 2021); see also Office of the New York State Comptroller, Division of Local Government and School Accountability, Report of Examination: Lockport City School District, Procurement (Apr. 2022) at p. 2, available at https://www.osc.ny.gov/files/local-government/audits/2022/pdf/lockport-2022-198.pdf(link is external) (last accessed Apr. 26, 2024).

[2] Office of the New York State Comptroller, “Local Government Management Guide: Seeking Competition in Procurement,” (Jul. 2014, reprinted Jun. 2016) at pp. 26-27, available at https://www.osc.ny.gov/files/local-government/publications/pdf/seeking-competition-in-procurement.pdf(link is external) (last accessed Apr. 24, 2024).

[3] Id. at p. 12.

New York State's Comptroller releases audits of certain government agencies

On May 15, 2024, New York State Comptroller Thomas P. DiNapoli announced the following State agency and New York City agency audits were issued. 

Click on the text highlighted in COLOR to access the complete audit report posted on the Internet.

New York City Department of Education – Mental Health Education, Supports, and Services in Schools (Follow-Up) (2023-F-34)

The New York Education Law mandates that all schools ensure that their health education programs recognize the multiple dimensions of health by including mental health and its relation to physical health. While instruction is the cornerstone for promoting students’ mental health, a holistic, comprehensive approach would also include mental health awareness training for school staff and ready access to in-school mental health supports and services for all students. A prior audit report, issued in August 2022, found that the New York City Department of Education (DOE) did not monitor whether schools meet the requirement to have mental health instruction as part of the curriculum and that DOE could make improvements in the implementation of mental health support and services in schools. The follow-up found that DOE has made progress in addressing the problems identified in the initial audit report, implementing four of the five recommendations.

New York City Emergency Management – Hazard Mitigation and Coordination (Follow-Up) (2023-F-38)
New York City Emergency Management (NYCEM) helps New Yorkers through citywide emergencies, including weather-related events, and also works to advance long-term initiatives that reduce risk and increase the resilience of New York City. NYCEM’s New York City Hazard Mitigation Plan (HMP) identifies the hazards that pose a risk to the city and actions agencies are taking to reduce the impacts of these hazards. NYCEM also maintains four citywide evacuation plans as well as Continuity of Operations (COOP) plans to ensure that individual organizations can continue to perform essential functions during a disruption to normal operations. A prior audit, issued in October 2022, found weaknesses in NYCEM’s monitoring processes, inaccuracies in data reported on NYCEM’s HMP website, lack of evidence that NYCEM conducted formal assessments of its four citywide evacuation plans, and that NYCEM could have done more to monitor and follow up with City agencies to ensure COOP plans were completed. A follow-up found that NYCEM has made some progress in addressing the six recommendations from the initial audit report, partially implementing three and not implementing three.

Department of Health – Medicaid Program – Excessive Premium Payments for Dual-Eligible Recipients Enrolled in Mainstream Managed Care and Health and Recovery Plans (Follow-Up) (2023-F-39)

Many Medicaid recipients are enrolled in Medicare and are referred to as “dual-eligibles.” Additionally, many Medicaid recipients receive their services through managed care, including Mainstream Managed Care (MMC), which provides comprehensive coverage, and Health and Recovery Plans (HARP), which provide specialized care to recipients age 21 or older with serious mental illness and/or substance use disorders. Within MMC and HARP is the Integrated Benefits for Dually Eligible Enrollees Program (IB-Dual), which pays lower MMC and HARP premium rates for Medicaid recipients in MMC or HARP who enroll in Medicare and do not need long-term services and support. A prior audit, issued in October 2022, found over $190.6 million was paid on behalf of dual-eligible recipients who were ineligible for IB-Dual and over $3.5 million was paid on behalf of dual-eligible recipients who appeared eligible for IB-Dual but were not enrolled in a timely manner. The follow-up found DOH officials made progress with the initial audit’s four recommendations, implementing two and partially implementing two.

Office of Temporary and Disability Assistance – National Directory of New Hires Data Security (2023-S-43)
The Office of Temporary and Disability Assistance (OTDA) is responsible for supervising State programs that provide assistance and support to eligible families and individuals. As part of managing these programs, OTDA obtains National Directory of New Hires (Directory) data including information on new hires, quarterly wage, and unemployment insurance to verify eligibility information. All state agencies that receive and process Directory data must demonstrate a strong security posture and comply with security requirements that define the administrative, technical, and physical security controls. The audit found that OTDA is fully compliant with 31 of the 32 federal requirements for securing Directory data, and the remaining requirement was found to be not applicable due to current practices at OTDA.

Office of Mental Health – Reporting of Community-Based Services Under the Transformation Reinvestment Plan (Follow-Up) (2024-F-5)
To reduce the capacity at its inpatient facilities and provide services in lower-cost, more accessible community-based settings, the Office of Mental Health (OMH) developed the Transformation Reinvestment Plan (Plan) in 2014. The Plan aims to rebalance the agency’s institutional resources by further developing and enhancing community-based services (CBS) in the State. Under the Plan, OMH  reinvests funds realized through the closure of inpatient State beds into expanded CBS. To document its oversight of reinvestments and services provided under the Plan, OMH prepares monthly reports compiled from data submitted by voluntary providers that received the funds. A prior audit, issued in October 2022, identified inconsistencies with how a key piece of data is collected that could impact the accuracy of the information included in the reports, as well as opportunities for OMH to improve its communication and data collection to ensure greater accuracy of its reports. The follow-up found OMH officials have made some progress in addressing the three recommendations in the initial audit report, fully implementing one, partially implementing one, and not implementing one.

Department of Health – Medicaid Claims Processing Activity April 1, 2023 Through September 30, 2023 (2023-S-9)
During the six-month period ended September 30, 2023, the Department of Health’s eMedNY computer system processed over 420 million claims, resulting in payments to providers of more than $47.1 billion. OSC’s audit of Medicaid claims processing activity identified about $13.5 million in improper Medicaid payments for claims that were not processed in accordance with Medicaid requirements. The audit also identified 12 providers in the Medicaid program who were charged with or found guilty of crimes that violated laws or regulations governing certain health care programs or who were otherwise barred from participating in the Medicaid program.

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