145-a. Judgment liens. 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.
Last modified: February 3, 2019