Lance's Corner

OSC Issues Audit of New York Medical Stockpile

Apr 11, 2025

Per the notice below, the Office of the New York State Comptroller (OSC) has issued an audit report finding that New York State has poorly managed its stockpile of medical equipment.

DiNapoli: State Must Improve Management of Medical Equipment Stockpile After Spending Millions During the COVID-19 Pandemic

New York state bought hundreds of millions of dollars worth of medical equipment at the onset of the COVID-19 pandemic, including ventilators and x-ray machines, that now sits unused in storage facilities across the state, missing recommended maintenance and costing taxpayers storage expenses, according to an audit released today by State Comptroller Thomas P. DiNapoli.

“During the pandemic, New York state quickly purchased medical equipment to address the public health crisis,” DiNapoli said.  “Now, hundreds of thousands of unused devices sit idle.  I urge the Department of Health to develop and execute a strategic plan for the maintenance and use of these and future medical equipment purchases, so New York is well prepared for the next public health emergency.”

To compete for the purchase of durable medical equipment (DME) at the start of the pandemic, the state took emergency steps to accelerate its procurement process, inconsistent with Office of General Services (OGS) guidance.  According to the Department of Health (DOH) and OGS, procurement orders during the onset of the pandemic were determined by the former Executive Chamber with assistance from a consultant who was responsible for projecting the quantity of DME the state would need to respond to COVID-19.

State Spent Hundreds of Millions on Medical Stockpile but Used Little

DiNapoli’s auditors determined the state paid $452.8 million to purchase 247,343 items of DME and received 51 items donated by others or from the federal government, for a total of 247,394 items procured during the onset of COVID-19.  Of the total DME available for use (including pre-COVID-19 inventory), only 324 items were distributed during the public health emergency, and only three items from the 247,343 DME purchased during COVID-19.  DME now in storage includes CPAP/BiPAP machines, ventilators, oxygen tanks, pulse oximeters (which measure the saturation of oxygen carried in red blood cells), oxygen concentrators, and infusion pumps.

No Clear Plan for Equipment

When the public health emergency ended, a Medical Stockpile Steering Committee was created to make recommendations on what quantity and type of DME should be retained in the emergency stockpile.  The committee recommended DOH retain 51,140 DME items, and that 4,468 items should receive scheduled preventive maintenance, leaving almost 200,000 DME items without a plan for utilization.  DOH could not provide auditors with documentation supporting how the steering committee reached their decisions, leaving auditors without a way to assess the committee’s conclusions.  Auditors found that DOH began to identify ways to reduce its inventory as COVID cases decreased, but did not finalize a process or create written procedures.  Auditors determined limited action was taken to reduce the stockpile.  DOH conducted some surveys of the medical community, with facilities expressing interest in 24,585 DME items, but very few items were sent to the medical facilities.

Lack of Controls and Preventive Maintenance

Auditors also found a lack of controls during the pandemic contributed to DOH being unable to account for all the DME purchased, with credit card transactions an issue.  Looking at a sample of nine credit card purchases, auditors found DOH could not provide proof of delivery for four purchases which included 140 pieces of DME worth $312,644.  The audit notes that the Department of Homeland Security and Emergency Services and the New York National Guard may have purchased, stored or transported DME, as well as confirmed if equipment was received during the early stages of the pandemic.  Early in the pandemic, DOH contracted with a vendor to perform initial inspections of the DME, as well as preventive maintenance and repairs on certain equipment.  Auditors found that the contract ended in December 2023, and DOH had not secured another contractor.  As of December 2024, 4,036 of the 4,468 DME items recommended to have scheduled preventive maintenance were overdue.  That could affect product warrantees and risk additional costs to the state for repairs that could have been covered.  In addition, failure to maintain DME increases the risk that equipment will need more costly repairs or will not be ready for emergency distribution or function if needed.

Recommendations

DiNapoli’s audit recommended DOH:

  • Maintain basic internal controls during emergency scenarios to ensure stewardship over state assets;
  • Document and preserve the process and key factors used when making significant decisions, and keep documentation of key events;
  • Develop and implement a strategic plan for DME preventive maintenance so it is ready to use during public health emergencies;
  • Develop and implement a statewide public health strategic plan to utilize surplus DME.

DOH responded to the audit’s statements and audit findings.  OGS agreed with the one recommendation made to the agency.  Their responses are included in the audit.

Audit
Department of Health/Office of General Services: State Public Health Emergency Medical Stockpile

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc