§ 74 — Welfare inspector general

New York § 74

• Jurisdiction: New York
• Law EXC: Executive
• Art. 5: Department of Law

Text

§ 74. Welfare inspector general. 1. Definitions. For the purposes of\nthis section, the following definitions shall apply:\n a. "Inspector" means the welfare inspector general created by this\nsection.\n b. "Investigation" means, investigations of fraud, abuse, or illegal\nacts perpetrated within the department of social services or local\nsocial services districts, or by contractees or recipients of public\nassistance services as provided by the department of social services.\n c. "Office" means the office of the welfare inspector general created\nby this section.\n 2. a. There is hereby created in the department of law within the\noffice of the deputy attorney general for medicaid fraud control an\noffice of welfare inspector general. The head of the office shall be\nthe welfare inspector general, who shall be appointed by the governor,\nby and with the advice and consent of the senate.\n b. The inspector shall serve for a term of five years unless removed\nby the governor for neglect or malfeasance in office, and may also be\nremoved for neglect or malfeasance by the senate upon a vote of\ntwo-thirds of its members. An inspector removed from office may not be\nreappointed to such office.\n c. The inspector may not be employed with the department of social\nservices during his employment with the office or within two years after\nterminating employment with the office.\n 3. Functions, duties and responsibilities. The inspector shall have\nthe following functions, duties and responsibilities:\n a. to appoint such deputies, directors, assistants and other officers\nand employees as may be needed for the performance of his duties and may\nprescribe their powers and fix their compensation within the amounts\nappropriated therefor;\n b. to conduct and supervise investigations relating to the programs of\nthe department of social services and, to the greatest extent possible,\nto coordinate such activities with the deputy attorney general for\nmedicaid fraud control, the commissioner of social services, the\ncommissioner of health, the commissioner of education, the fiscal agent\nemployed to operate the medicaid management information system, and the\nstate comptroller;\n c. to keep the governor, attorney general, state comptroller,\npresident pro tem and minority leader of the senate, the speaker and the\nminority and majority leaders of the assembly, apprised of fraud and\nabuse;\n d. to prosecute fraud, abuse or illegal acts perpetrated within the\ndepartment of social services or local social services districts, or by\ncontractees or recipients of public assistance services;\n e. to make information and evidence relating to criminal acts which he\nmay obtain in carrying out his duties available to appropriate law\nenforcement officials and to consult with the deputy attorney general\nfor medicaid fraud control and local district attorneys to coordinate\ninvestigations and criminal prosecutions;\n f. to subpoena witnesses, administer oaths or affirmations, take\ntestimony and compel the production of such books, papers, records and\ndocuments as he may deem to be relevant to an investigation undertaken\npursuant to this section;\n g. to monitor the implementation by the relevant office of his\nrecommendations and those of other investigative agencies;\n h. to recommend policies relating to the prevention and detection of\nfraud and abuse or the identification and prosecution of participants in\nsuch fraud or abuse; and\n i. to receive complaints of alleged failures of state and local\nofficials to prevent, detect and prosecute fraud and abuse.\n 4. Cooperation of agency officials and employees. a. In addition to\nthe authority otherwise provided by this section, the inspector, in\ncarrying out the provisions of this section, is authorized:\n (i) to have full and unrestricted access to all records, reports,\naudits, reviews, documents, papers, recommendations or other material\navailable to the department of social services and local social services\ndistricts relating to programs and operations with respect to which the\ninspector has responsibilities under this section;\n (ii) to make such investigations relating to the administration of the\nprograms and operations of the department of social services as are, in\nthe judgment of the inspector, necessary or desirable; and\n (iii) to request such information, assistance and cooperation from any\nfederal, state or local governmental department, board, bureau,\ncommission, or other agency or unit thereof as may be necessary for\ncarrying out the duties and responsibilities enjoined upon him by this\nsection. State and local agencies or units thereof are hereby authorized\nand directed to provide such information, assistance and cooperation.\n b. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, no person shall prevent, seek to prevent, interfere with,\nobstruct or otherwise hinder any investigation being conducted pursuant\nto this section. Section one hundred thirty-six of the social services\nlaw shall in no way be construed to restrict any person or governmental\nbody from cooperating and assisting the inspector or his employees in\ncarrying out their duties under this section. Any violation of this\nparagraph shall constitute cause for suspension or removal from office\nor employment.\n 5. Establishment period. The governor shall nominate the initial\ninspector as soon as is practicable but in no event later than sixty\ndays after the effective date of this section.\n 6. Reports required of the inspector. The inspector shall, no later\nthan February first of each year submit to the governor, the state\ncomptroller, the attorney general and the legislature a report\nsummarizing the activities of the office during the preceding calendar\nyear.\n 7. Disclosure of information. a. The inspector shall not publicly\ndisclose information which is:\n (i) a part of any ongoing investigation; or\n (ii) specifically prohibited from disclosure by any other provision of\nlaw.\n b. Notwithstanding paragraph a of this subdivision, any report under\nthis section may be disclosed to the public in a form which includes\ninformation with respect to a part of an ongoing criminal investigation\nif such information has been included in a public record.\n