10 CRR-NY 98-3.14NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
SUBCHAPTER R. HEALTH MAINTENANCE ORGANIZATIONS
PART 98. HEALTH MAINTENANCE ORGANIZATIONS
SUBPART 98-3. MANAGED CARE ORGANIZATIONS—AUDITED FINANCIAL STATEMENTS
10 CRR-NY 98-3.14
10 CRR-NY 98-3.14
98-3.14 Conduct of MCO in connection with the preparation of required reports and documents.
(a) Any director or officer of a MCO, or any other person acting under the direction thereof, shall not, directly or indirectly:
(1) make or cause to be made a materially false or misleading statement to a CPA in connection with any audit, review or communication required under this Subpart; or
(2) omit to state, or cause another person to omit to state, any material fact necessary in order to make statements made, in light of the circumstances under which the statements were made, not misleading to a CPA in connection with any audit, review or communication required under this Subpart.
(b) Any officer or director of a MCO, or any other person acting under the direction thereof, shall not directly or indirectly take any action to coerce, manipulate, mislead or fraudulently influence any CPA engaged in the performance of an audit pursuant to this Subpart if that person knew or should have known that the action, if successful, could result in rendering the MCO’s financial statements materially misleading, including any action taken at any time with respect to the professional engagement period to coerce, manipulate, mislead or fraudulently influence a CPA:
(1) to issue or reissue a report on a MCO’s financial statements that is not warranted in the circumstances (due to material violations of statutory accounting principles prescribed by the superintendent, generally accepted auditing standards, or other professional or regulatory standards);
(2) not to perform audit, review or other procedures required by generally accepted auditing standards or other professional standards;
(3) not to withdraw an issued report; or
(4) not to communicate matters to a MCO’s audit committee.
10 CRR-NY 98-3.14
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.