S T A T E O F N E W Y O R K
________________________________________________________________________
6674--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. GOTTFRIED, CANESTRARI, JACOBS, JOHN, EDDINGTON,
HOYT, DINOWITZ, GABRYSZAK, SCHROEDER, PAULIN, GREENE -- Multi-Spon-
sored by -- M. of A. ABBATE, AUBRY, BRADLEY, BRODSKY, CAHILL, CHRIS-
TENSEN, CLARK, COLTON, COOK, CYMBROWITZ, DelMONTE, DESTITO, GALEF,
GIGLIO, GUNTHER, HEASTIE, HOOPER, JAFFEE, KELLNER, KOLB, KOON, LATIM-
ER, LIFTON, V. LOPEZ, LUPARDO, MAGEE, MAYERSOHN, McENENY, MILLMAN,
MOLINARO, MORELLE, PEOPLES, PERRY, PHEFFER, POWELL, REILICH, REILLY,
J. RIVERA, ROBINSON, RUSSELL, SCHIMMINGER, SWEENEY, TOWNS, WEISENBERG
-- read once and referred to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, in relation to reimbursement of
transportation costs for emergency care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 365-h of the social services law,
as added by chapter 81 of the laws of 1995, is amended and a new subdi-
vision 4 is added to read as follows:
1. The local social services official shall have responsibility for
prior authorizing transportation of eligible persons and for limiting
the provision of such transportation to those recipients and circum-
stances where such transportation is essential, medically necessary and
appropriate to obtain medical care, services or supplies otherwise
available under this title. HOWEVER, PRIOR AUTHORIZATION SHALL NOT BE
REQUIRED FOR TRANSPORTATION TO OBTAIN EMERGENCY CARE, INCLUDING EMERGEN-
CY MEDICAL TRANSPORTATION BY AN AMBULANCE SERVICE CERTIFIED UNDER ARTI-
CLE THIRTY OF THE PUBLIC HEALTH LAW.
4. WITH RESPECT TO TRANSPORTATION AND CARE PROVIDED TO AN ELIGIBLE
PERSON BY AN AMBULANCE SERVICE CERTIFIED UNDER ARTICLE THIRTY OF THE
PUBLIC HEALTH LAW, THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL
ESTABLISH A REIMBURSEMENT METHODOLOGY THAT ENSURES THAT PROVIDERS ARE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06378-03-9
A. 6674--A 2
REIMBURSED AT THE GREATER OF THE MEDICAL ASSISTANCE RATE IN EFFECT ON
THE EFFECTIVE DATE OF THIS SUBDIVISION, OR THE MEDICARE ALLOWABLE CHARGE
(PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT) FOR SUCH
TRANSPORTATION AND CARE. THE AMOUNT OF INCREASE IN REIMBURSEMENT
PRODUCED BY THIS METHODOLOGY OVER WHAT WOULD OTHERWISE HAVE BEEN PAID
SHALL BE PHASED IN AS FOLLOWS: IN THE STATE FISCAL YEAR IN WHICH THE
PROVISIONS OF THIS SUBDIVISION BECOME A LAW, THIRTY-THREE PERCENT; IN
THE FOLLOWING STATE FISCAL YEAR, SIXTY-SIX PERCENT; AND IN THE SECOND
STATE FISCAL YEAR FOLLOWING THE STATE FISCAL YEAR IN WHICH THE
PROVISIONS OF THIS SUBDIVISION BECOME A LAW AND ALL SUBSEQUENT FISCAL
YEARS, ONE HUNDRED PERCENT.
S 2. Subdivision 1 of section 368-a of the social services law is
amended by adding a new paragraph (z) to read as follows:
(Z) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, ONE HUNDRED PERCENT OF THE
AMOUNT EXPENDED FOR MEDICAL ASSISTANCE UNDER THIS TITLE FOR TRANSPORTA-
TION AND CARE FURNISHED UNDER SUBDIVISION FOUR OF SECTION THREE HUNDRED
SIXTY-FIVE-H OF THIS TITLE ON OR AFTER APRIL FIRST, TWO THOUSAND TEN,
AFTER FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR
TO BE RECEIVED ON ACCOUNT THEREOF.
S 3. This act shall take effect April 1, 2010.