2023 New York Laws › EXC - Executive › Article 5 - Department of 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.