Policy/Memo 100
Number: Policy Memo 100
Date Issued: April 4, 1997
Policy File Ref: A830, A1000
ISSUE:
Determine the number of years payments and billings may be made retroactive under NYSHIP.
Background:
Refund vouchers from EBD which provided up to six years of retroactive Medicare reimbursement and refunds of incorrectly deducted health insurance premiums were rejected by OSC. They stated that Section 8 of the Finance Law only allows three years of retroactive refunds for fees and other moneys. Our six year retroactive payment policy was based on Section 213 of the New York State Civil Practice Law. Counsel was asked to determine the appropriate time period.
Policy:
Unless otherwise determined by law or policy, all refunds processed on or after April 1, 1996, will be made retroactive for a maximum period of three years based upon the date EBD discovers an adjustment is necessary. Billings will continue to be effectiveretroactive for a maximum of six years.