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Executive Order #002


Medicaid Fraud and Abuse Task Force

WHEREAS, the Office of the Erie County Executive is determined to reduce the cost of Medicaid for Erie County‘s taxpayers.  Erie County’s total annual federal, state and county expenses related to Medicaid is over $1 Billion, with the County projected to have spent approximately $217 million in 2011; 

WHEREAS, while New York State and many county governments have increased their attention and efforts on reducing Medicaid fraud and abuse through a range of initiatives and approaches, Erie County has not pursued these opportunities as aggressively as it should;  

WHEREAS, the Medicaid Reform Act, enacted as part of the 2005-2006 New York State Budget, allows State and county governments, as administrators and funders of Medicaid, to implement new mechanisms to help prevent waste, fraud and abuse;

WHEREAS, given these new state mechanisms allowing counties to conduct systematic and large-scale anti-fraud investigations of Medicaid providers, the County Executive desires that Erie County develop an aggressive program to implement such initiatives;

WHEREAS, Erie County should be a leader in the prevention of Medicaid fraud and abuse and the Erie County Executive is determined to ensure that federal, state, and county taxpayers are protected through an aggressive and comprehensive program in conjunction with all potential partners to end fraud, waste and abuse in the delivery of Medicaid services; and,  

WHEREAS, Erie County should participate in the demonstration project process and/or Section 145-b, and to establish a positive and proactive working relationship with NYS Department of Health and the New York State Medicaid Inspector General to pursue appropriate anti-fraud investigations and to recover funds inappropriately paid out to Medicaid providers and/or clients.

NOW, THEREFORE, I MARK C. POLONCARZ, Erie County Executive, by virtue of the authority vested in me by the Erie County Charter Sections 301 & 302, do hereby order as follows:

1. It is ordered that the Commissioner of the Department of Social Services, in conjunction with the Office of the Erie County Department of Law, and with the requested assistance of the Erie County Comptroller’s Office,  shall recommend to the County Executive the methods and procedures to create a Medicaid Anti-Fraud Task Force and the members, powers and duties of such Task Force; and it is

2. Further ordered that  the Department of Social Service’s Special Investigations Division (DIS) and the Comptroller’s Office Audit Division shall be consulted with and whose participation is requested in the development of such recommendations; and it is    

3. Further ordered that the Commissioner of the Department of Social Services shall provide such recommendations to the County Executive within forty-five days of the issuance of this Executive Order.

GIVEN, under my hand and the Privy Seal of the County of Erie in the City of Buffalo this third day of January, in the year two thousand twelve.

                                                                                                                                                        County of Erie



                                                                                                                                       By:          _________________________
                                                                                                                                                        Mark C. Poloncarz
                                                                                                                                                        Erie County Executive