S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2008

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the social services law, in relation to amounts  payable
  for  medical  assistance  for  items and services provided to eligible
  persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (iii)  of paragraph (d) of subdivision 1 of
section 367-a of the social services law, as amended by  section  65  of
part H of chapter 59 of the laws of 2011, is amended to read as follows:
  (iii)  When  payment under part B of title XVIII of the federal social
security act for items and services provided to eligible persons who are
also beneficiaries under part B of title XVIII  of  the  federal  social
security  act  and for items and services provided to qualified medicare
beneficiaries under part B of title XVIII of the federal social security
act would exceed the amount that otherwise  would  be  made  under  this
title  if provided to an eligible person other than a person who is also
a beneficiary under part B or is a qualified medicare  beneficiary,  the
amount  payable  for  services  covered under this title shall be twenty
percent of the amount of any co-insurance  liability  of  such  eligible
persons  pursuant  to  federal  law  were  they not eligible for medical
assistance or  were  they  not  qualified  medicare  beneficiaries  with
respect  to  such benefits under such part B; provided, however, amounts
payable under this title for items and  services  provided  to  eligible
persons who are also beneficiaries under part B or to qualified medicare
beneficiaries  by an ambulance service under the authority of an operat-
ing certificate issued pursuant to article thirty of the  public  health
law,  a  psychologist  licensed under article one hundred fifty-three of
the education law, A NEPHROLOGIST LICENSED  UNDER  ARTICLE  ONE  HUNDRED
THIRTY-ONE OF THE EDUCATION LAW, or a facility under the authority of an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02374-01-3

A. 2008                             2

operating  certificate issued pursuant to article sixteen, thirty-one or
thirty-two of the mental hygiene law  and  with  respect  to  outpatient
hospital  and clinic items and services provided by a facility under the
authority  of  an operating certificate issued pursuant to article twen-
ty-eight of the public health law, shall not be less than the amount  of
any  co-insurance  liability  of such eligible persons or such qualified
medicare beneficiaries, or for which such eligible persons or such qual-
ified medicare beneficiaries would be liable under federal law were they
not eligible for medical assistance or were they not qualified  medicare
beneficiaries with respect to such benefits under part B.
  S 2. This act shall take effect immediately.