As a reminder, Medicaid providers and their employees or contractors are not permitted to interfere with the rights of Medicaid recipients in making decisions about their healthcare coverage. Medicaid providers and their employees or contractors are free to inform Medicaid recipients about their contractual relationships with Medicaid managed care programs, including Fully Integrated Dual Advantage. However, they are prohibited from directing, assisting or persuading Medicaid recipients on which plan to join or keep.

In addition, if a Medicaid recipient expresses interest in a Medicaid managed care program, providers and their employees or contractors must not dissuade or limit the recipient from seeking information about Medicaid managed care programs. Instead, they should direct the recipient to New York Medicaid Choice, New York State's enrollment broker responsible for providing Medicaid recipients with eligibility and enrollment information for all managed long term care plans.

Any suspected violations will be turned over to the New York Office of the Medicaid Inspector General (OMIG) and potentially the Federal Office of Inspector General (OIG) for investigation.