Senator Gustavo Rivera on Governor Hochul's Veto of his Bill to Reform New York's Public Assistance and Medicaid Overpayment Recovery Process

 

"I am disappointed by Governor Hochul's administration's decision to veto my bill (S4540A) to reform New York's New current Medicaid and Public Assistance overpayment recovery and collections processes. This bill would have put protections in place to prevent New Yorkers from being railroaded into debt for overpayment of benefits they rely on and were deemed eligible for, through no fault of their own and often without opportunity to effectively counter these claims.  While these reforms will not be enshrined into law, I am glad Governor Hochul's veto memo recognizes that change is necessary in our State's callous overpayment recovery system and that the administration intends to implement some of the measures in this bill, including altering current policies and ceasing recovery of medical assistance payments from Medicaid recipients incorrectly paid as a result of agency error. Her veto memo further directs the State Health Department to issue a directive on retroactive recovery following final clarification from the Federal Centers for Medicare and Medicaid Services (CMS) regarding federal provisions allowing recovery of incorrectly paid Medicaid benefits, an effort that we will be monitoring.  Social safety net programs are supposed to uplift New Yorkers out of poverty by providing them basic yet critical benefits. No family should fear that the state will renege on benefits eligibility and wrongfully tie their hands with unwarranted and overwhelming debt for accepting health services or household assistance. I hope the administration and my team can work together to further restrain aggressive and often predatory actions towards public assistance recipients who are not at fault for the agencies’ errors."

NY State Senator Gustavo Rivera | rivera.nysenate.gov