New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.72 - Executive Order No. 72: Directing the Attorney General to inquire into the operation, management and funding of hospitals

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE LOUIS J. LEFKOWITZ
					 .....................................................
ATTORNEY GENERAL OF THE STATE OF NEW YORK
					 ...................................
STATE CAPITOL
					 ............................................................................
ALBANY, NEW YORK
					 .......................................................................
WHEREAS, New York State has long recognized that it has a
					 responsibility to ensure the availability of proper health care to all its
					 citizens, including the economically disadvantaged; and
WHEREAS, approximately one billion dollars in public funds
					 are expended annually through the New York State Medical Assistance Program to
					 various hospitals for the purpose of insuring that citizens eligible for such
					 assistance are provided with necessary hospital services; and
WHEREAS, the State has a clear interest and responsibility
					 to see that such public funds are expended properly, and not in an
					 unauthorized, wasteful or fraudulent manner; and
WHEREAS, numerous reports have been published alleging
					 waste, mismanagement, fraud and abuse in the use of public funds provided for
					 the care of hospital patients; and
WHEREAS, on September 30, 1977, the Commissioner of the New
					 York State Department of Health and the Acting Commissioner of the New York
					 State Department of Social Services requested that you investigate and
					 prosecute, pursuant to subdivision 3 of section 63  of the Executive Law, the
					 alleged commission of any indictable offense or offenses in violation of the
					 Public Health Law or the Social Services Law or in relation to any matters
					 connected with the New York State Department of Health or the New York State
					 Department of Social Services by hospitals subject to the provisions of the
					 Public Health Law or Social Services Law; and
WHEREAS, the Deputy Attorney General for Nursing Homes,
					 Health and Social Services has advised me that many of the types of waste,
					 mismanagement, fraud and abuse which have been discovered in his investigation
					 of nursing homes also exist in the hospital industry, and that there is a need
					 for a civil investigation pursuant to subdivision 8 of section 63  of the
					 Executive Law into the operation, management and funding of hospitals to
					 provide the information necessary to ensure appropriate executive action with
					 respect to such matters;
NOW, THEREFORE, pursuant to subdivision 8 of section 63  of
					 the Executive Law, and in accordance with the statute and law in such case made
					 and provided, I find it to be in the public interest that you inquire into
					 matters concerning the public peace, public safety and public justice with
					 respect to the operation, management and funding of hospitals, and any
					 principal, operator, agent, supplier or other person connected therewith, and I
					 so direct you to do so in person or by your assistant or deputies and to have
					 the powers and duties specified in such subdivision 8 for the purpose of this
					 requirement.
Signed: Hugh L. Carey
Dated: June 5, 1978