§ 31 — Establishment of the office of Medicaid inspector general

§ 31. Establishment of the office of Medicaid inspector general. 1.\nThere is hereby created within the department the office of Medicaid\ninspector general. Pursuant to section three hundred sixty-three-a of\nthe social services law, the department is the single state agency for\nthe administration of the medical assistance program in New York state,\nprovided that the office shall undertake and be responsible for the\ndepartment's duties as the single state agency with respect to: (a)\nprevention, detection and investigation of fraud and abuse within the\nmedical assistance program; (b) referral of appropriate cases for\ncriminal prosecution; and (c) recovery of improperly expended medical\nassistance funds. Such responsibility shall include, but not be limited\nto, medical assistance program audit functions, pursuant to sections\nthree hundred sixty-four and three hundred sixty-eight-c of the social\nservices law, and the function of medical assistance program fraud and\nabuse prevention, pursuant to sections one hundred forty-five-a and one\nhundred forty-five-b of the social services law (transferred to the New\nYork state department of health from the former department of social\nservices pursuant to subdivision (e) of section one hundred twenty-two\nof part B of chapter four hundred thirty-six of the laws of nineteen\nhundred ninety-seven).\n 2. The head of the office shall be the Medicaid inspector general who\nshall be appointed by the governor by and with the advice and consent of\nthe senate. The inspector shall serve at the pleasure of the governor.\nThe inspector shall report directly to the governor. The person\nappointed as inspector shall, upon his or her appointment, have not less\nthan ten years professional experience in one or more of the following\nareas of expertise: law, provided the experience involves prosecution or\nsome consideration of fraud; fraud investigation; and auditing. The\ninspector may possess comparable alternate experience in the area of\nhealth care or the area of senior management, in either the public or\nprivate setting, provided that such experience involves some\nconsideration of fraud.\n 3. The inspector shall be compensated within the limits of funds\navailable therefor, provided, however, such salary shall be no less than\nthe salaries of certain state officers holding the positions indicated\nin paragraph (a) of subdivision one of section one hundred sixty-nine of\nthe executive law.\n