Section 145-A. Judgment liens  


Latest version.
  • 1.  If  any provider of care, services or
      supplies under the medical assistance program is  required  to  pay  any
      fine,  penalty  or  overpayment  to  the  department,  a social services
      district or any  other  social  services  entity  as  a  result  of  the
      provisions  of  this  chapter  or  as  a  result  of  any administrative
      procedure, such provider shall make payment in the amount and the manner
      directed by the commissioner or his or her  agents,  representatives  or
      designees.
        2.  Upon  the  issuance to the provider of a written notice of a final
      determination, the department must also notify the provider  in  writing
      of  the  provider's  right to request a hearing. The provider's right to
      request a hearing shall not expire earlier  than  sixty  days  from  the
      mailing  of  such  notice  of  the provider's right to a hearing.  If no
      administrative hearing or proceeding for judicial review shall  then  be
      pending  and  if  the  time for initiation of such hearing or proceeding
      shall  have  expired,  the  commissioner   or   his   or   her   agents,
      representatives or designees may file with the clerk of the county where
      the  provider resides or has a place of business a certified copy of the
      final administrative determination of the commissioner  or  his  or  her
      agents,  whether  in  the  form of a written final audit report or other
      final determination that  such  provider  has  engaged  in  unacceptable
      practices  or  has  received  payment  to  which  such  provider  is not
      entitled, containing the amount found to be  due.  The  filing  of  such
      final  administrative determination shall have the full force and effect
      of a judgment duly docketed in the  office  of  such  clerk.  The  final
      administrative  determination  may be enforced by and in the name of the
      commissioner  in  the  same  manner,  and  with  like  effect,  as  that
      prescribed  by the civil practice law and rules for the enforcement of a
      money judgment. Such final administrative  determination  shall  not  be
      filed  until  at  least  sixty  days  after the department has posted by
      ordinary mail to the provider at the address of such  provider  on  file
      with  the  department  a  copy of the final administrative determination
      which shall contain notice of the amount found to be due and owing.