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Senate bill · S8949 (2025-26)

Relates to limiting audit and review of certain medical assistance program funds

New York State Senate

Same as A9553, the matching bill in the Assembly.

Latest action Jun 4, 2026

Sponsor: Pete Harckham (State Senator, District 40, Democratic/Working Families)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 20, 2026. About our data

Summary

Limits the reimbursement amount of certain overpayment claims and reviews where such overpayment was due to the provider's submission of records which were not in accordance with program requirements at the time but which were in accordance with current requirements as a result of changes to guidelines or regulations.

Summary from NY Open Legislation. How we handle summaries

Amends the Public Health Law.

Purpose, from the sponsor's memo

To prevent certain auditing practices by the Office of Medicaid Inspec- tor General (OMIG), particularly in instances where OMIG's practices conflict with current agency guidelines.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate, Ways and Means · New York State Assembly.

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Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic11
  • Republican2

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

Show the full list (13 names)

The sponsor's argument

Why Pete Harckham says this is needed

When the Office of Medicaid Inspector General (OMIG) was created in 2007, the emphasis of the legislature and the concern of the public was fraud and waste in the Medicaid system. However, recent audits have made it clear the current statute lacks key provisions to assure fairness in OMIG's practices. One recent example involves a provider in the state currently facing an OMIG audit that has calculated overpayments close to $4 million. OMIG is penalizing this provider for two issues: the first, faxing electron- ically signed prescriptions rather than sending them through a specific electronic system, and the second, not receiving a patient signature for all products delivered, even though they did retain alternative proof of delivery documents. The Department of Health (DOH) has updated agency guidelines to allow for both practices, yet, even now, OMIG wants full recovery of these extrapolated claims because the claims pre-date DOH's updated guidance. The bill will prevent OMIG from using extrapolation in instances when agency guidelines are updated to allow for certain practices. OMIG audits that punish providers for technical errors -not fraud or abuse - do not help anyone in the Medicaid system. OMIG's over-reaching approach will ultimately lead to less accessible care. This bill will reign in these excessive practices and bring equity to the Medicaid audit proc- ess.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 4, 2026Result: passed

    (60) (0) (0) (3)

  • Vote: Committee vote · Health

    Senate HealthFeb 24, 2026Result: passed

    (13) (0) (0) (2)

Full history

  1. Jun 4, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Jun 4, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 4, 2026

    Referred to committee

    REFERRED TO WAYS AND MEANS

    NY Assembly

  4. Feb 26, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Feb 25, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (4 earlier events)
  1. Feb 24, 2026

    1ST Report CAL.395

    1ST REPORT CAL.395

    NY Senate

  2. Feb 11, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  3. Jan 20, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

  4. Jan 14, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly

Read the record