§ 145-a. Judgment liens.
1.If any provider of care, services or\nsupplies under the medical assistance program is required to pay any\nfine, penalty or overpayment to the department, a social services\ndistrict or any other social services entity as a result of the\nprovisions of this chapter or as a result of any administrative\nprocedure, such provider shall make payment in the amount and the manner\ndirected by the commissioner or his or her agents, representatives or\ndesignees.\n 2. Upon the issuance to the provider of a written notice of a final\ndetermination, the department must also notify the provider in writing\nof the provider's right to request a hearing. The provider's right to\nrequest a hearing shall not expire earlier than sixty days from the\nmailing of such notice of
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§ 145-a. Judgment liens. 1. If any provider of care, services or\nsupplies under the medical assistance program is required to pay any\nfine, penalty or overpayment to the department, a social services\ndistrict or any other social services entity as a result of the\nprovisions of this chapter or as a result of any administrative\nprocedure, such provider shall make payment in the amount and the manner\ndirected by the commissioner or his or her agents, representatives or\ndesignees.\n 2. Upon the issuance to the provider of a written notice of a final\ndetermination, the department must also notify the provider in writing\nof the provider's right to request a hearing. The provider's right to\nrequest a hearing shall not expire earlier than sixty days from the\nmailing of such notice of the provider's right to a hearing. If no\nadministrative hearing or proceeding for judicial review shall then be\npending and if the time for initiation of such hearing or proceeding\nshall have expired, the commissioner or his or her agents,\nrepresentatives or designees may file with the clerk of the county where\nthe provider resides or has a place of business a certified copy of the\nfinal administrative determination of the commissioner or his or her\nagents, whether in the form of a written final audit report or other\nfinal determination that such provider has engaged in unacceptable\npractices or has received payment to which such provider is not\nentitled, containing the amount found to be due. The filing of such\nfinal administrative determination shall have the full force and effect\nof a judgment duly docketed in the office of such clerk. The final\nadministrative determination may be enforced by and in the name of the\ncommissioner in the same manner, and with like effect, as that\nprescribed by the civil practice law and rules for the enforcement of a\nmoney judgment. Such final administrative determination shall not be\nfiled until at least sixty days after the department has posted by\nordinary mail to the provider at the address of such provider on file\nwith the department a copy of the final administrative determination\nwhich shall contain notice of the amount found to be due and owing.\n