Assemblyman David G. McDonough (R,C,I-Merrick) today announced both houses of the state Legislature have passed bills that, if signed into law by the governor, would significantly boost New Yorkers’ safety from criminals. The bills eliminate the statute of limitations for rape crimes, expand New York’s DNA database, and create the Office of Medicaid Inspector General to combat Medicaid fraud and abuse.

Rape victims are being provided with more significant opportunities to seek justice under another bill. It calls for elimination of the criminal statute of limitations for Class B felony sexual assault crimes and raises the civil statute of limitations in such cases from a year to five years. The legislation applies to first-degree convictions of rape, criminal sexual act (formerly called sodomy), aggravated sexual abuse and course of sexual conduct against a child.

“For the past two years I have introduced legislation that would have eliminated the statute of limitation for the crime of rape, I am pleased the Legislature has finally recognized the need for this vital legislation,” said McDonough, co-chair of the Minority Sexual Assault and Violence Education Task Force. “The expansion of the state DNA databank furthers the crime-solving capabilities of law enforcement officials across the state by utilizing the 21st century version of fingerprinting.”

Under the legislation, the state DNA database would grow to include DNA samples from individuals convicted of felonies and 18 specific misdemeanors. It would also establish important reforms and privacy safeguards. The misdemeanor convictions would include those involving violence, threats of violence, menacing or stalking behavior, offenses against children and petit larceny.

The Legislature also passed a bill creating the Office of Medicaid Inspector General within the state Department of Health (DOH). The office would audit New York’s Medicaid program for cases of fraud and abuse; mandate that care, service and supply providers certify to the DOH their compliance programs meet department standards; and require development, testing and implementation of new methods to strengthen the capability of the Medicaid payment information system.

“Conservative estimates place fraud and abuse in New York’s Medicaid program at 10 percent, but a New York Times article placed that figure closer to 40 percent of total Medicaid claims,” stated McDonough. “Which means nearly $18 billion of New York’s annual $45 billion Medicaid budget is spent on fraudulent or medically unnecessary services and procedures, placing an ever-increasing burden on New Yorkers.”