On December 28, 2022, New York State Register published a summary of the New York State Office of the Medicaid Inspector General’s (“OMIG”) Notice of Adoption for Rulemaking on Medicaid Program Fraud, Waste and Abuse Prevention. This finalizes the Proposed Rulemaking that was published on July 13, 2022.

Harris Beach is planning webinars in 2023 to address the adopted regulation. Follow this blog for dates and registration detail. The upcoming programs will update 2022’s webinars on compliance program requirements in Part 521-1 and self-disclosure in Part 521-3.

Although some changes were made to the regulatory language, OMIG characterizes those changes as “nonsubstantial.”

The full text of the Adopted Regulation is available here on OMIG’s website.

From this link, click on the blue Regulatory Activity heading. Under the Recently Adopted Regulations section, click on the blue Text of Rule and Statements for the full regulation or the blue Assessment of Public Comments for OMIG’s responses to the public’s comment on the July 2022 Proposed Rulemaking.

The Adopted Rulemaking would delete 18 New York Codes Rules and Regulations Part 521 in its entirety and replace it with a new Part 521. The organization of the new Part is as follows:

  • Part 521 Fraud, Waste and Abuse Prevention
  • Subpart 521-1 Compliance Programs
  • Subpart 521-2 Medicaid Managed Care Fraud, Waste and Abuse Prevention
  • Subpart 521-3 Self-Disclosure Program

Please contact Matthew Babcock at mbabcock@harrisbeach.com if you would like to engage Harris Beach to review your compliance plan or to review your self-disclosure procedures in light of the new regulations.

This alert is not a substitute for advice of counsel on specific legal issues.

Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Rochester, Saratoga Springs, Syracuse, Uniondale and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.