RESOLUTION NO. 311 of 2009 DATED: December 15, 2009

WHEREAS, Section 6032 of 109 P.L. 171 (42 USCS Section 1396(a)-(c) (hereinafter the "Deficit Reduction Act of 2005" or "DRA") requires compliance with DRA requirements from any private or public entities receiving or making annual payments under the State Medicaid Plan of at least $5,000,000 per ("Entity"), and

WHEREAS, the DRA requires each Entity to establish written policies regarding false claims laws and whistleblower protections, which policies shall provide for detecting and preventing fraud, waste and abuse, and which policies must be distributed and included in relevant employee handbooks and/or made available to all employees, contractors and agents, and

WHEREAS, Chapter 442 of the laws of 2006, which established the New York State Office of the Medicaid Inspector General (hereinafter the “OMIG”), created a new Social Services Law 363-d which requires Medicaid providers develop, adopt and implement effective compliance programs aimed at detecting fraud, waste, and abuse in the Medicaid program.  Compliance is required from any Medicaid providers operating under Articles 28 or 36 of the Public Health Law, Articles 16 or 31 of the Mental Hygiene Law and those providers providing, billing or claiming $500,000 or more from Medicaid in a 12-month period, and

WHEREAS, the OMIG requires such Medicaid providers to establish written policies regarding false claims laws and whistleblower protections, which policies shall provide for detecting and preventing fraud, waste and abuse, and which policies must be distributed and included in relevant employee handbooks and/or made available to all employees, contractors and agents, and

WHEREAS, such Medicaid providers, in New York, must annually certify to the NYS OMIG that it is and remains compliant with OMIG mandatory Medicaid compliance requirements, and

WHEREAS, the County of Montgomery (the "County") must comply with OMIG mandatory Medicaid compliance requirements since the County receives payments under the State Medicaid Plan, through the activities of its various departments operating under Articles 28 or 36 of the Public Health Law, Articles 16 or 31 of the Mental Hygiene Law and/or receives payments in excess of $500,000 each year and shall continue to do so into the foreseeable future,

RESOLVED, that the Montgomery County Board of Supervisors, in light of the aforementioned and in accordance with its statutory duties, do hereby order that the attached Policies and Procedures concerning false claims and whistleblower protections be and are adopted and apply to the entire County, and

FURTHER RESOLVED, each head of each County department shall be responsible for educating all employees of his/her respective department, and any contractors, vendors, agents or assigns with access to information concerning County Medicaid transactions of this Executive Order and the attached Policy and Procedures by directing those individuals to the designated County intranet or internet site, by providing a paper copy of such or by any other manner of professional communication, and a representative of each County department must certify to the County Compliance Officer, described below, that such information has been distributed to all appropriate individuals, and

FURTHER RESOLVED, any new employee of the County shall receive the attached Policies and Procedures in a handbook, a paper copy or by being directed to the appropriate internet or intranet site, and

FURTHER RESOLVED, that the Montgomery County Board of Supervisors hereby appoints the County Auditor as the Compliance Officer responsible for annually submitting the Certification of Compliance regarding mandatory Medicaid compliance, false claims and whistleblower requirements, to proper State authorities.  All County departments that have information relevant to this annual certification are responsible for regularly communicating such information to the Compliance Officer.

RESOLUTION ADOPTED with Aye(1772).  Supervisor Stagliano was absent. (12/15/2009)