N.Y. Executive Law § 74: Welfare inspector general

§ 74. Welfare inspector general. 1. Definitions. For the purposes of

this section, the following definitions shall apply:

a. "Inspector" means the welfare inspector general created by this

section.

b. "Investigation" means, investigations of fraud, abuse, or illegal

acts perpetrated within the department of social services or local

social services districts, or by contractees or recipients of public

assistance services as provided by the department of social services.

c. "Office" means the office of the welfare inspector general created

by this section.

2. a. There is hereby created in the department of law within the

office of the deputy attorney general for medicaid fraud control an

office of welfare inspector general. The head of the office shall be

the welfare inspector general, who shall be appointed by the governor,

by and with the advice and consent of the senate.

b. The inspector shall serve for a term of five years unless removed

by the governor for neglect or malfeasance in office, and may also be

removed for neglect or malfeasance by the senate upon a vote of

two-thirds of its members. An inspector removed from office may not be

reappointed to such office.

c. The inspector may not be employed with the department of social

services during his employment with the office or within two years after

terminating employment with the office.

3. Functions, duties and responsibilities. The inspector shall have

the following functions, duties and responsibilities:

a. to appoint such deputies, directors, assistants and other officers

and employees as may be needed for the performance of his duties and may

prescribe their powers and fix their compensation within the amounts

appropriated therefor;

b. to conduct and supervise investigations relating to the programs of

the department of social services and, to the greatest extent possible,

to coordinate such activities with the deputy attorney general for

medicaid fraud control, the commissioner of social services, the

commissioner of health, the commissioner of education, the fiscal agent

employed to operate the medicaid management information system, and the

state comptroller;

c. to keep the governor, attorney general, state comptroller,

president pro tem and minority leader of the senate, the speaker and the

minority and majority leaders of the assembly, apprised of fraud and

abuse;

d. to prosecute fraud, abuse or illegal acts perpetrated within the

department of social services or local social services districts, or by

contractees or recipients of public assistance services;

e. to make information and evidence relating to criminal acts which he

may obtain in carrying out his duties available to appropriate law

enforcement officials and to consult with the deputy attorney general

for medicaid fraud control and local district attorneys to coordinate

investigations and criminal prosecutions;

f. to subpoena witnesses, administer oaths or affirmations, take

testimony and compel the production of such books, papers, records and

documents as he may deem to be relevant to an investigation undertaken

pursuant to this section;

g. to monitor the implementation by the relevant office of his

recommendations and those of other investigative agencies;

h. to recommend policies relating to the prevention and detection of

fraud and abuse or the identification and prosecution of participants in

such fraud or abuse; and

i. to receive complaints of alleged failures of state and local

officials to prevent, detect and prosecute fraud and abuse.

4. Cooperation of agency officials and employees. a. In addition to

the authority otherwise provided by this section, the inspector, in

carrying out the provisions of this section, is authorized:

(i) to have full and unrestricted access to all records, reports,

audits, reviews, documents, papers, recommendations or other material

available to the department of social services and local social services

districts relating to programs and operations with respect to which the

inspector has responsibilities under this section;

(ii) to make such investigations relating to the administration of the

programs and operations of the department of social services as are, in

the judgment of the inspector, necessary or desirable; and

(iii) to request such information, assistance and cooperation from any

federal, state or local governmental department, board, bureau,

commission, or other agency or unit thereof as may be necessary for

carrying out the duties and responsibilities enjoined upon him by this

section. State and local agencies or units thereof are hereby authorized

and directed to provide such information, assistance and cooperation.

b. Notwithstanding any other provision of law, rule or regulation to

the contrary, no person shall prevent, seek to prevent, interfere with,

obstruct or otherwise hinder any investigation being conducted pursuant

to this section. Section one hundred thirty-six of the social services

law shall in no way be construed to restrict any person or governmental

body from cooperating and assisting the inspector or his employees in

carrying out their duties under this section. Any violation of this

paragraph shall constitute cause for suspension or removal from office

or employment.

5. Establishment period. The governor shall nominate the initial

inspector as soon as is practicable but in no event later than sixty

days after the effective date of this section.

6. Reports required of the inspector. The inspector shall, no later

than February first of each year submit to the governor, the state

comptroller, the attorney general and the legislature a report

summarizing the activities of the office during the preceding calendar

year.

7. Disclosure of information. a. The inspector shall not publicly

disclose information which is:

(i) a part of any ongoing investigation; or

(ii) specifically prohibited from disclosure by any other provision of

law.

b. Notwithstanding paragraph a of this subdivision, any report under

this section may be disclosed to the public in a form which includes

information with respect to a part of an ongoing criminal investigation

if such information has been included in a public record.