New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.37 - Executive order no. 37: establishing joint task force on health care insurance fraud

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the provision of health care and the insurance
					 reimbursement thereof directly and indirectly affect many sectors of the
					 public, business and government. The many facets of the business of insurance
					 -- the organization and licensing of providers, the issuance of policies, the
					 payment of claims and the provision of health care services to customers --
					 consist of numerous transactions which have the potential for abuse and illegal
					 activities. Each year, unscrupulous health care providers, illegitimate
					 claimants and other individuals cheat insurance companies out of billions of
					 dollars; and
WHEREAS, the General Accounting Office of the United States
					 Government has estimated that approximately 10 percent of the more than 700
					 billion dollars in health care costs nationwide is attributable to health
					 insurance fraud and abuse, making this a national problem of epic proportions;
					 and
WHEREAS, the cost of health care coverage has risen sharply
					 throughout the nation as well as in New York in recent years due in part to the
					 increase in incidents of this abuse and these illegal activities otherwise
					 known as "insurance fraud"; and
WHEREAS, the problem of insurance fraud in the health care
					 insurance industry is increasing in frequency and scope, resulting in a deluge
					 of reports of health care insurance fraud to the Insurance Frauds Bureau of the
					 New York State Insurance Department. The Bureau received 789 health insurance
					 related fraud reports in 1991, while in 1995 the Bureau received nearly ten
					 thousand (10,000) health insurance-related fraud reports -- an increase of over
					 1200% during a four-year period. The Bureau also in 1995 reported its highest
					 number of arrests in this area in its fourteen year history; and
WHEREAS, the problem of health care insurance fraud costs
					 the citizens of this state billions of dollars each year in higher premiums and
					 endangers each citizen's access to quality affordable health care; and
WHEREAS, the nature of the health care insurance industry
					 presents a unique and difficult law enforcement problem. The existence of a
					 vast number of health care providers enables unscrupulous individuals to
					 quickly change the focus of their scams between the many different providers --
					 often between public and private providers -- allowing them to keep one step
					 ahead of investigators. This insidious aspect of health care insurance fraud
					 highlights the need for a multi-agency coordinated approach by the government
					 of New York State; and
WHEREAS, the problem of health care insurance fraud is
					 pervasive, and, although state officials currently perform their duties in
					 combating this severe public problem in an outstanding manner, it is necessary
					 now to unite the expertise and experience of all agencies and departments which
					 currently carry on the battle individually into a coordinated effort to attach
					 this critical public problem;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby order as follows:
I. JOINT TASK FORCE ON HEALTH CARE INSURANCE
				  FRAUD
There is hereby established the Joint Task Force on Health
					 Care Insurance Fraud for the purpose of conducting coordinated investigations
					 into and prosecution of health care insurance fraud in New York State. The Task
					 Force shall consist of a representative appointed by each of the following
					 persons: the Attorney General, the Superintendent of Insurance, the
					 Commissioner of Health, the Commissioner of Social Services, the Commissioner
					 of Labor, the Chairman of the Workers' Compensation Board and the Director of
					 Criminal Justice and Commissioner of the Division of Criminal Justice Services.
					 The members appointed by the Attorney General and the Superintendent of
					 Insurance, respectively, shall be the Co-Chairs of the Task Force. Members of
					 the Task Force shall receive no compensation but shall be entitled to
					 reimbursement for any necessary expenses incurred in connection with the
					 performance of their duties.
II. POWERS AND RESPONSIBILITIES OF JOINT TASK
				  FORCE
The Joint Task Force on Health Care Insurance Fraud shall
					 be a united multi-agency effort to investigate instances of health care
					 insurance related fraud and abuse and to bring responsible persons and
					 companies to justice. The Joint Task Force on Health Care Insurance Fraud shall
					 be located within the Office of the Attorney General of the State of New
					 York.
III. STAFF SUPPORT
				  AND COOPERATION OF STATE AGENCIES
The departments, agencies and Board represented on this
					 Joint Task Force shall cooperate fully with said Task Force and its mission and
					 shall provide, in addition to appointed representatives, health care fraud
					 investigators, prosecutors, and all necessary support staff. The investigators,
					 prosecutors, and support staff shall be provided to the members of the Joint
					 Task Force as the same are determined to be necessary to fulfill the purpose
					 stated herein after consultation between the Joint Task Force and its member
					 departments, agencies, and Board. All investigators provisioned to the Joint
					 Task Force by its members shall be considered investigators for the office of
					 the Attorney General, having such powers and responsibilities commensurate with
					 all other investigators of that office.
Signed: George E. PatakiDated: May 3, 1996
[FN[DAGGER]] [Revoked by Executive Order No. 9 (David A.
					 Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo),
					 infra.]