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ALBANY---Attorney General Eliot Spitzer, Democratic gubernatorial candidate, says that the bill the state legislature is poised to pass this week dealing with Medicaid reform doesn't adequately address the issue.
Spitzer says that while the proposal makes slight improvements, it fails to enact the most important Medicaid reforms that will save taxpayer dollars. Even worse, the bill contains provisions that will protect some criminals from being held accountable for their actions, he says.
"First, the bill fails to include either the False Claims Act or the Martin Act for Health Care. The False Claims Act would allow us to learn about ongoing frauds that otherwise would never be revealed, and has been a highly successful anti-fraud measure at the federal level and in other states. The Martin Act for Health Care would enhance our ability to investigate and prosecute wrongdoers, by providing my office with the powers that we have used so successfully to root out fraud on Wall Street", Spitzer says.
"Second, the bill adds new "Health Care Fraud" crimes that he says are essentially useless. In particular, these new crimes impose lower penalties on those who engage in Medicaid fraud than those who defraud money from private corporations; and
exempt from prosecution Medicaid recipients who are defrauding the system", according to Spitzer.
"Worst of all, the bill contains an amnesty provision for individuals who knowingly engage in Medicaid fraud, but who can claim that they were following the instructions of their supervisors. This excuse is simply unacceptable and unprecedented in fraud and larceny statutes".
He says that just last week the president of the New York State District Attorneys Association said that, because of the "major deficiencies" in the bill, these new crimes "would not offer any significant help to us in prosecuting those engaged in health care fraud."
"In short, the Legislature's so-called Medicaid fraud "reform" bill excludes the most important fraud-fighting reforms, and includes new crimes that seem designed to protect those who engage in these criminal activities", Spitzer says.
"The Legislature should drop the harmful crimes from the bill, and add the Martin Act and False Claims Act provisions. If they do not, it will clearly demonstrate that they are not serious about addressing the problem of Medicaid fraud". 6-21-06
© 2006 North
Country Gazette
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