Application for renewal of a certification rejected on the grounds that the applicant made material false statements and demonstrated poor moral character

New York City Department of Buildings denied the request submitted by an applicant [Petitioner] to renew his Site Safety Coordinator (SSC) certification on the ground that Petitioner made material false statements and demonstrated poor moral character in his original application for certification.

In his initial application, Petitioner was required to disclose whether any "licenses/certifications/registrations issued to [him]" had ever been revoked.

Petitioner failed to report that he had been authorized as an OSHA outreach trainer and that his authorization had been revoked because he failed to comply with OSHA requirements and falsified safety certificates.

The Appellate Division sustained the Department's determination explaining that although Petitioner's OSHA credentials "may not have been labeled a license, certification, or registration," his OSHA responsibilities were substantially similar to those of an SSC. Accordingly, said the court, the Department rationally concluded that Petitioner was required to disclose the revocation of those credentials.

The Appellate Division further opined that the Department rationally concluded that Petitioner exhibited poor moral character by failing to disclose OSHA's determination that he falsified agency documents.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2019/2019_07524.htm

New York State Comptroller Thomas P. DiNapoli issues audits and examinations

On November 6, 2019 New York State Comptroller Thomas P. DiNapoli announced the following audits and examinations had been issued.

Click on the text highlighted in color to access to access the full report

Department of Health (DOH): Medicaid Program: Overpayments for Therapy Services and Prescription Drugs Covered by Medicare (2016-S-73)

The audit identified $20.1 million in Medicaid payments made by DOH for therapy services and drugs that should have been paid for by Medicare.

Department of Health: Improper Medicaid Payments to a Transportation Provider (Follow-Up) (2019-F-28)

An audit issued in September 2018 found that a transportation provider did not maintain the required documentation to support claims prior to 2016, totaling $1.4 million. In a follow-up, auditors found DOH made some progress in addressing the problem identified in the initial report. The Office of the Medicaid Inspector General opened an investigation into the provider; which remained ongoing at the time of the follow-up review.

Department of Health: Medicaid Payments to Medicare Advantage Plan Providers (Follow-Up) (2019-F-29)

An initial audit released in September 2018 identified $770,935 in Medicaid overpayments for Medicare Part C cost-sharing. In a follow-up, auditors found DOH made some progress in addressing the problems identified. However, no action had been taken to recover the inappropriate payments.

New York City Department of Buildings (DOB) Elevator Safety (Follow-Up) (2019-F-22)

An audit issued in June 2018 concluded that inspectors did not always perform thorough elevator inspections. As a result, hazardous and other unsafe conditions were not always identified and corrected. In a follow-up, auditors found that of the prior recommendations, DOB implemented three, partially implemented four, and did not implement two.

New York State Health Insurance Program: CVS Health: Temporary Holding Account Rebate Revenue (2019-S-27)

CVS Health did not seek rebates from drug manufacturers on claims that were, in fact, rebate-eligible. Auditors identified $428,958 in rebate revenue that is due to the state Department of Civil Service for rebate-eligible claims in the account for the period Jan. 1, 2014through Dec. 31, 2018. 

Metropolitan Transportation Authority: Triborough Bridge and Tunnel Authority (TBTA): Selected Aspects of Collection of Bridge and Tunnel Tolls and Fees (Follow-Up) (2019-F-1)

An earlier report found that, while the TBTA makes efforts to collect unpaid tolls, $11.3 million in tolls were either written off or uncollected. In addition, TBTA had more than $72 million in unpaid fees for the Henry Hudson Bridge from 2013 through 2015. In a follow-up, auditors found TBTA officials have made progress in addressing the issues identified. However, additional improvements are needed.

State Education Department (SED): Oversight of Nurse Licensing (Follow-Up) (2019-F-26)

An audit issued in September 2017 found the SED was not completing investigations, particularly for complaints that pose a substantial danger to public health and safety, in a timely manner. In a follow-up, auditors found SED made some progress in addressing the issues identified in the initial audit.

Department of Taxation and Finance: Controls Over Unclaimed Bottle Deposits (Follow-Up) (2019-F-6)

A report issued in December 2017, determined that the department deposited all funds received into the General Fund, as required. However, it did not assess penalties on 39 deposit initiators that failed to file required quarterly reports, nor did it assess penalties on those who filed late, and took little action to improve compliance. In a follow-up, auditors found the department has made significant progress in addressing the issues identified in the audit.

Employee Organization Leave

Employee organization leave has been an issue since the adoption of the Taylor Law. In response to demands that State employees elected to a leadership position of an employee organization representing state employees be provided with "paid organization leave," the State agreed to provide for “Employee Organization Leave” and enacted §46 of Chapter 283 of the Laws of 1972 to this end.

This law provides that a State employee organization may obtain approval for paid full or part-time leaves of absence of its representatives provided it agrees to fully reimburse the State for the salary and other compensation paid to the individual and, in addition, for all employer contributions for fringe benefits made on behalf of the individual while he or she is on Employee Organization Leave. The individual would continue as a State employee, on the State’s payroll, during this time. 

Another element affecting State employees on Employee Organization Leave: The State Ethics Commission has advised that “State employees on Employee Organization Leave or State employees on leave without pay who serve as employee organization representatives for CSEA … who have terminated their State service and are now employed by CSEA are subject to the "revolving door" provisions of the Public Officers Law and the corresponding restrictions on post-employment activities” [see Advisory Opinion #90-a ].

Presumably this opinion would be applied with respect to State employees on employee organization leave serving with other employee organizations.