N.Y. State Finance Law § 8-c: Enterprise fraud prevention and detection system

§ 8-c. Enterprise fraud prevention and detection system. 1. In

furtherance of the comptroller's constitutional and statutory functions,

duties and responsibilities, the comptroller may, within his or her

discretion, establish, implement and update as necessary an electronic

data analytical enterprise fraud prevention and detection system for the

prevention of fraud, waste and abuse in state government and the

detection and prevention of improper payments of public moneys.

2. State agencies shall fully support and cooperate with the state

comptroller by providing the state comptroller with access to data

requested by the state comptroller, in accordance with applicable state

and federal law, to allow such data to be integrated into such analytic

efforts as the state comptroller may deem necessary. For this purpose,

the term "state agency" shall mean any of the following performing a

governmental or proprietary function for the executive department of the

state: a state department, the state university of New York, the city

university of New York, and any board, bureau, division, commission,

committee, council, office or similar governmental entity.

3. In support of the enterprise fraud prevention and detection system,

the state comptroller shall establish protocols:

(a) for data sharing, secure file transfers and/or other methods to

obtain real-time, regular and/or periodic data from state agencies,

provided, however, that access to such data by the state comptroller

shall not waive any privilege or right of confidentiality;

(b) to ensure the safety, security, integrity and privacy of all data

shared with his or her office in accordance with the system; and

(c) for the authorized retention and deletion of data obtained from

state agencies.

4. In connection with such system, the state comptroller, in his or

her discretion, may:

(a) develop a long-range plan for preventing or detecting improper

payments of public moneys, and the prevention and detection of waste,

fraud and abuse in government operations;

(b) acquire technology including, but not limited to, software that

enhances the following capabilities: (i) automated detection and

alerting; (ii) continuous monitoring of program transactions and

activity, to detect fraud and improper payments both prospectively

(before the payment is made) and retrospectively (after payments are

made); (iii) detection of non-transactional fraud such as program

eligibility issues and identify theft; and

(c) evaluate potential savings resulting from such efforts.

5. The state comptroller shall report annually to the legislature no

later than the first day of September, two thousand sixteen and annually

thereafter on the progress, status and results of the system created

pursuant to this section and subdivision two of section twenty-eight

hundred three of the public authorities law.