Senate Bill S3740B

2009-2010 Legislative Session

Provides Medicaid reimbursement for interpretation services provided by hospital inpatient and outpatient departments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	reported and committed to finance
Jan 26, 2010	print number 3740b
Jan 26, 2010	amend and recommit to health
Jan 06, 2010	referred to health
May 05, 2009	reported and committed to finance
Apr 30, 2009	print number 3740a
Apr 30, 2009	amend and recommit to health
Mar 30, 2009	referred to health

Votes

- Feb 2, 2010 - Health Committee Vote
  S3740B
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  7
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Feb 2, 2010
      
      aye (10)
      
      Duane
      
      Johnson
      
      Klein
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Sampson
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      aye wr (7)
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Larkin
      
      Little
      
      Winner
      
      Young

Bill Amendments

Original

B (Active)

2009-S3740 - Details

See Assembly Version of this Bill:: A733
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §§2807-c & 2807, Pub Health L; amd §368-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: A661

2009-S3740 - Summary

Provides Medicaid reimbursement for interpretation services provided by hospital inpatient, outpatient and emergency department settings and in diagnostic treatment centers; provides further that time frames for notice, approval or certification of rates of payment and to the requirement of prior notice of rates of payment are suspended deemed without any force and effect from and after February 1, for such rates effective for the period April 1 through March 31 in the initial year of implementation.

2009-S3740 - Sponsor Memo

                                 BILL NUMBER:  S3740

 TITLE OF BILL :

An act to amend the public health law and the social services law, in
relation to providing Medicaid reimbursement for interpretation
services provided by hospital inpatient and outpatient departments and
diagnostic and treatment centers


 PURPOSE :

This bill would provide for Medical Assistance reimbursement of the
costs associated with language interpretation services for patients in
hospital inpatient, outpatient, and emergency department settings and
in diagnostic and treatment centers.

 SUMMARY OF PROVISIONS :

§ 1. This section requires an adjustment to Medical Assistance rates
of payment for inpatient services to provide reimbursement for the
costs of interpretation services for patients with limited English
proficiency and defines "limited English proficiency" and
"interpretation services".

§ 2. This section requires an adjustment to Medical Assistance rates

of payment for hospital outpatient and emergency services to provide
reimbursement for the costs of interpretation services for patients
with limited English proficiency and defines "limited English
proficiency" and "interpretation services".

§ 3. This section requires an adjustment to Medical Assistance rates
of payment for diagnostic and treatment centers to provide
reimbursement for the coats of interpretation services for patients
with limited English proficiency. This section also defines "limited
English proficiency" and "interpretation services".

§4. This section provides for the adjustment in rates of payment for
interpretation services in the context of the prospective payment
system for federally-qualified health centers.

§ 5. This section provides for the State to pick up the entire
non-Federal coat of interpretation services to Medical Assistance
recipients.

§ 6. This action suspends rate adjustment notice requirements.

§ 7. This section provides for an effective date of the first day of
April after enactment.

 EXISTING LAW :
New bill.

 JUSTIFICATION :
Federal, State and New York City laws require health care providers to
make language assistance services available to their patients with
limited English proficiency ("LEP patients"). Federal matching funds
are available to states that opt to provide reimbursement or these
service under Medicaid. Five states have already established
mechanisms to obtain federal matching funds for language assistance
services. This bill would enable New York to take advantage of these
federal Medicaid funds for the provision of language assistance to LEP
patients.

In light of the diversity of New York is population, these funds are
essential to ensure access to appropriate health care services for all
Medicaid beneficiaries. There are approximately 4.2 million
foreign-born New Yorkers, and New York ranks, fourth among all states
in terms of the percentage of its population that speaks a language
other than English.  Absent adequate interpretation, services, many of
these New Yorkers face barriers to health care that can lead to
negative health outcomes.

Language barriers have been shown to prevent LEP patients from
accessing care, particularly primary and preventive care. Even when an
individual does seek care, the use of inexperienced interpreters, such
as children or other family members, can have severe health
consequences including missed diagnoses, unnecessary surgeries and
improper use of medication. Failure to seek primary and preventive
care, and the medical errors that result from faulty interpretation,
have serious and expensive consequences for the State and its
residents.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3740 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S3740A - Details

See Assembly Version of this Bill:: A733
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §§2807-c & 2807, Pub Health L; amd §368-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: A661

2009-S3740A - Summary

2009-S3740A - Sponsor Memo

                                 BILL NUMBER:  S3740A              REVISED 04/29/09

 TITLE OF BILL :

An act to amend the public health law and the social services law, in
relation to providing Medicaid reimbursement for interpretation
services provided by hospital inpatient and outpatient departments and
diagnostic and treatment centers


 PURPOSE :

This bill would provide for Medical Assistance reimbursement of the
costs associated with language interpretation services for patients in
hospital inpatient, outpatient, and emergency department settings and
in diagnostic and treatment centers.

 SUMMARY OF PROVISIONS :

§ 1. This section requires an adjustment to Medical Assistance rates
of payment for inpatient services to provide reimbursement for the
costs of interpretation services for patients with limited English
proficiency and defines "limited English proficiency" and
"interpretation services".

§2. This section requires an adjustment to Medical Assistance rates of

payment for hospital outpatient and emergency services to provide
reimbursement for the costs of interpretation services for patients
with limited English proficiency and defines "limited English
proficiency" and "interpretation services".

§3. This section requires an adjustment to Medical Assistance rates of
payment for diagnostic and treatment centers to provide reimbursement
for the costs of interpretation services for patients with limited
English proficiency. This section also defines "limited English
proficiency" and "interpretation services".

§4. This section provides for the adjustment in rates of payment for
interpretation services in the context of the prospective payment
system for federally-qualified health centers.

§ 5. This section provides for the State to pick up the entire
non-Federal cost of interpretation services to Medical Assistance
recipients.

§6. This section suspends rate adjustment notice requirements.

§7. This section provides for an effective date of the first day of
April after enactment.

 JUSTIFICATION :

Federal, State and New York City laws require health care providers to
make language assistance services available to their patients with
limited English proficiency ("LEP patients"). Federal matching funds
are available to states that opt to provide reimbursement or these
services under Medicaid. Five states have already established
mechanisms to obtain federal matching funds for language assistance
services. This bill would enable New York to take advantage of these
federal Medicaid funds for the provision of language assistance to LEP
patients.

In light of the diversity of New York's population, these funds are
essential to ensure access to appropriate health care services for all
Medicaid beneficiaries. There are approximately 4.2 million
foreign-born New Yorkers, and New York ranks fourth among all states
in terms of the percentage of its population that speaks a language
other than English. Absent adequate interpretation services, many of
these New Yorkers face barriers to health care that can lead to
negative health outcomes.

Language barriers have been shown to prevent LEP patients from
accessing care, particularly primary and preventive care. Even when an
individual does seek care, the use of inexperienced interpreters, such
as children or other family members, can have severe health
consequences including missed diagnoses, unnecessary surgeries and
improper use of medication. Failure to seek primary and preventive
care, and the medical errors that result from faulty interpretation,
have serious and expensive consequences for the State and its
residents.

 LEGISLATIVE HISTORY :

2003-04: A.8049 - reported to Ways and Means
2005-06: A.10222 - reported to Ways and Means
2007-08: A.6288 - reported to Ways and Means; S.7059 (Sabini) -
referred to Health

 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately, with conditions.

2009-S3740A - Bill Text download pdf

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

                                 3740--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 30, 2009
                               ___________

Introduced  by  Sens.  DUANE, ESPADA, DILAN, C. JOHNSON, ONORATO, OPPEN-
  HEIMER, PARKER, PERKINS, SCHNEIDERMAN,  SERRANO,  SQUADRON,  STAVISKY,
  THOMPSON  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law and the social  services  law,  in
  relation   to  providing  Medicaid  reimbursement  for  interpretation
  services provided by hospital inpatient and outpatient departments and
  diagnostic and treatment centers

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

  Section  1.  Section  2807-c  of  the  public health law is amended by
adding a new subdivision 34 to read as follows:
  34. INTERPRETATION SERVICES. (A) NOTWITHSTANDING ANY PROVISION OF THIS
SECTION, THE COMMISSIONER  SHALL  ADJUST  INPATIENT  MEDICAL  ASSISTANCE
RATES  OF PAYMENT TO PROVIDE REIMBURSEMENT FOR THE COSTS ASSOCIATED WITH
THE PROVISION OF INTERPRETATION SERVICES  FOR  PATIENTS  IN  RECEIPT  OF
MEDICAL  ASSISTANCE  WHO HAVE LIMITED ENGLISH PROFICIENCY, INCLUDING BUT
NOT LIMITED TO HEALTH CARE,  BILLING  AND  MAKING  APPOINTMENTS.  TO  BE
ELIGIBLE  FOR  REIMBURSEMENT,  THE  PROVISION OF INTERPRETATION SERVICES
MUST BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO AND  AUDIT
BY THE COMMISSIONER.
  (B)  FOR  PURPOSES  OF  THIS SUBDIVISION:   (I) "PATIENTS WITH LIMITED
ENGLISH PROFICIENCY"  MEANS  PATIENTS  WHOSE  PRIMARY  LANGUAGE  IS  NOT
ENGLISH  AND  WHO  CANNOT  SPEAK,  READ, WRITE OR UNDERSTAND THE ENGLISH
LANGUAGE AT A LEVEL SUFFICIENT  TO  PERMIT  SUCH  PATIENTS  TO  INTERACT
EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER-
PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI-
VIDUALS  WITH  SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELE-
VANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR  THE  PATIENT  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02579-04-9

S. 3740--A                          2

ACCESS  SERVICES  AND,  IN  THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN  MEDICAL  INTERPRETATION
TECHNIQUES,  ETHICS  AND  TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
  S 2. Paragraph (g) of subdivision 2 of  section  2807  of  the  public
health  law  is  amended  by  adding a new subparagraph (iii) to read as
follows:
  (III) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPHS (I) AND  (II)  OF
THIS  PARAGRAPH,  (A)  THE  COMMISSIONER  SHALL  FURTHER ADJUST RATES OF
PAYMENT FOR  GENERAL  HOSPITAL  OUTPATIENT  AND  EMERGENCY  SERVICES  TO
PROVIDE  REIMBURSEMENT  FOR  THE  COSTS ASSOCIATED WITH THE PROVISION OF
INTERPRETATION SERVICES FOR PATIENTS IN RECEIPT  OF  MEDICAL  ASSISTANCE
WHO  HAVE  LIMITED  ENGLISH  PROFICIENCY,  INCLUDING  BUT NOT LIMITED TO
HEALTH CARE,  BILLING  AND  MAKING  APPOINTMENTS.  TO  BE  ELIGIBLE  FOR
REIMBURSEMENT,  THE  PROVISION  OF INTERPRETATION SERVICES MUST BE DOCU-
MENTED IN SUCH A MANNER AS TO ENABLE  REPORTING  TO  AND  AUDIT  BY  THE
COMMISSIONER.  (B)  FOR THE PURPOSES OF THIS SUBPARAGRAPH: (1) "PATIENTS
WITH LIMITED ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY  LANGUAGE
IS  NOT  ENGLISH  AND  WHO  CANNOT  SPEAK, READ, WRITE OR UNDERSTAND THE
ENGLISH LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTER-
ACT EFFECTIVELY WITH HEALTH CARE PROVIDERS  AND  THEIR  STAFF;  AND  (2)
"INTERPRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY
INDIVIDUALS  WITH  SUFFICIENT  BILINGUAL  SKILLS IN BOTH ENGLISH AND THE
RELEVANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR  THE  PATIENT
TO  ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN  MEDICAL  INTERPRETATION
TECHNIQUES,  ETHICS  AND  TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
  S 3. Section 2807 of the public health law is amended by adding a  new
subdivision 20 to read as follows:
  20. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, (A) THE COMMISSION-
ER  SHALL  ADJUST  RATES OF PAYMENT FOR DIAGNOSTIC AND TREATMENT CENTERS
LICENSED PURSUANT TO THIS ARTICLE TO PROVIDE REIMBURSEMENT FOR THE COSTS
ASSOCIATED WITH THE PROVISION OF INTERPRETATION SERVICES FOR PATIENTS IN
RECEIPT OF MEDICAL ASSISTANCE  WHO  HAVE  LIMITED  ENGLISH  PROFICIENCY,
INCLUDING  BUT  NOT  LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINT-
MENTS. TO BE ELIGIBLE FOR REIMBURSEMENT, THE PROVISION OF INTERPRETATION
SERVICES MUST BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE  REPORTING  TO
AND AUDIT BY THE COMMISSIONER.
  (B)  FOR  THE PURPOSES OF THIS SUBDIVISION: (I) "PATIENTS WITH LIMITED
ENGLISH PROFICIENCY"  MEANS  PATIENTS  WHOSE  PRIMARY  LANGUAGE  IS  NOT
ENGLISH  AND  WHO  CANNOT  SPEAK,  READ, WRITE OR UNDERSTAND THE ENGLISH
LANGUAGE AT A LEVEL SUFFICIENT  TO  PERMIT  SUCH  PATIENTS  TO  INTERACT
EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER-
PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI-
VIDUALS  WITH  SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELE-
VANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR  THE  PATIENT  TO
ACCESS  SERVICES  AND,  IN  THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN  MEDICAL  INTERPRETATION
TECHNIQUES,  ETHICS  AND  TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
  S 4. Subdivision 8 of section 2807 of the public health law is amended
by adding a new paragraph (g) to read as follows:

S. 3740--A                          3

  (G) SUBJECT TO RECEIPT OF ALL NECESSARY FEDERAL  APPROVALS,  RATES  OF
PAYMENT  COMPUTED  IN  ACCORDANCE  WITH  THIS SUBDIVISION MAY BE FURTHER
ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWENTY OF THIS
SECTION, PROVIDED, HOWEVER, THAT SUCH ADJUSTMENTS SHALL NOT  BE  SUBJECT
TO TREND ADJUSTMENTS AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  S  5.  Subdivision  1  of  section 368-a of the social services law is
amended by adding a new paragraph (z) to read as follows:
  (Z) THE FULL AMOUNT  EXPENDED  FOR  INTERPRETATION  SERVICES  PROVIDED
PURSUANT  TO  SUBDIVISION  THIRTY-FOUR  OF  SECTION TWENTY-EIGHT HUNDRED
SEVEN-C OF THE PUBLIC HEALTH LAW, OR SUBPARAGRAPH (III) OF PARAGRAPH (G)
OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF  THE  PUBLIC
HEALTH  LAW, OR SUBDIVISION TWENTY OF SECTION TWENTY-EIGHT HUNDRED SEVEN
OF THE PUBLIC HEALTH LAW, AFTER FIRST DEDUCTING THEREFROM FEDERAL  FUNDS
PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT OF SUCH EXPENDITURES.
  S  6.  Notwithstanding any provision of law, rule or regulation to the
contrary, the effectiveness of  subdivisions  4,  7,  7-a,  and  7-b  of
section  2807  of  the public health law, and section 18 of chapter 2 of
the laws of 1988, as they relate to time frames for notice, approval  or
certification  of  rates  of  payment,  and  to the requirement of prior
notice of rates of payment, are hereby suspended and shall for  purposes
of  implementing the provisions of this act be deemed to have been with-
out any force and effect from and after the first of February  for  such
rates  effective  for the period April 1 through March 31 in the initial
year of implementation.
  S 7. This act shall take effect immediately and shall  apply  to:  (a)
hospital  inpatient  discharges  on or after the first of April after it
shall have become a law; and (b) other services provided on or after the
first of April after it shall have become a law.

co-Sponsors

View additional co-sponsors

2009-S3740B (ACTIVE) - Details

See Assembly Version of this Bill:: A733
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §§2807-c & 2807, Pub Health L; amd §368-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: A661

2009-S3740B (ACTIVE) - Summary

2009-S3740B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3740B

 TITLE OF BILL :

An act to amend the public health law and the social services law, in
relation to providing Medicaid reimbursement for interpretation
services provided by hospital inpatient and outpatient departments and
diagnostic and treatment centers


 PURPOSE :

This bill would provide for Medical Assistance reimbursement of the
costs associated with language interpretation services for patients in
hospital inpatient outpatient and emergency department settings and in
diagnostic and treatment centers.

 SUMMARY OF PROVISIONS :

1. This section requires an adjustment to Medical Assistance rates of
payment for inpatient services to provide reimbursement for the costs
of interpretation services for patients with limited English
proficiency and defines "limited English proficiency" and
"interpretation services".

2. This section requires an adjustment to Medical Assistance rates of

payment for hospital outpatient and emergency services to provide
reimbursement for the costs of interpretation services for patients
with limited English proficiency and defines "limited English
proficiency" and "interpretation services".

3. This section requires an adjustment to Medical Assistance rates of
payment for diagnostic and treatment centers to provide reimbursement
for the costs of interpretation services for patients with limited
English proficiency. This section also defines "limited English
proficiency" and "interpretation services".

4. This section provides for the adjustment in rates of payment for
interpretation services in the context of the prospective payment
system for federally-qualified health centers.

5. This section provides for the State to pick up the entire
non-federal cost of interpretation services to Medical Assistance
recipients.

6. This section suspends rate adjustment notice requirements.

7. This section provides for an immediate effective date applying to
hospital inpatient discharges and other services provided on or after
April 1.

 JUSTIFICATION :

Federal, State and New York City laws require health care providers to
make language assistance services available to their patients with
limited English proficiency ("LEP patients"). Federal matching funds
are available to states that opt to provide reimbursement or these
services under Medicaid. Five states have already established
mechanisms to obtain federal matching funds for language assistance
services. This bill would enable New York to take advantage of these
federal Medicaid funds for the provision of language assistance to LEP
patients. In light of the diversity of New York's population, these
funds are essential to ensure access to appropriate health care
services for all Medicaid beneficiaries. There are approximately 4.2
million foreign-born New Yorkers, and New York ranks fourth among all
states in terms of the percentage of its population that speaks a
language other than English. Absent adequate interpretation services,
many of these New Yorkers face barriers to health care that can lead
to negative health outcomes.

Language barriers have been shown to prevent LEP patients from
accessing care, particularly primary and preventive care. Even when an
individual does seek care, the use of inexperienced interpreters, such
as children or other family members, can have severe health
consequences including missed diagnoses, unnecessary surgeries and
improper use of medication. Failure to seek primary and preventive
care, and the medical errors that result from faulty interpretation,
have serious and expensive consequences for the State and its
residents.

 LEGISLATIVE HISTORY :

2003-04: A.8049 - Reported to Ways and Means
2005-06: A.10222 - Reported to Ways and Means
2007-08: A.6288 - Reported to Ways and Means; S.7059 (Sabini) -
Referred to Health

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
Immediately, with conditions.

2009-S3740B (ACTIVE) - Bill Text download pdf

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

                                 3740--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 30, 2009
                               ___________

Introduced  by  Sens.  DUANE,  ESPADA, BRESLIN, DILAN, HASSELL-THOMPSON,
  C. JOHNSON,  MONSERRATE,  ONORATO,   OPPENHEIMER,   PARKER,   PERKINS,
  SCHNEIDERMAN,  SERRANO, SQUADRON, STAVISKY, THOMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health  --  committee  discharged,  bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Health  in  accordance  with  Senate  Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the public health law and the social services law, in
  relation  to  providing  Medicaid  reimbursement  for   interpretation
  services provided by hospital inpatient and outpatient departments and
  diagnostic and treatment centers

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

  Section 1. Section 2807-c of the  public  health  law  is  amended  by
adding a new subdivision 34 to read as follows:
  34. INTERPRETATION SERVICES. (A) NOTWITHSTANDING ANY PROVISION OF THIS
SECTION,  THE  COMMISSIONER  SHALL  ADJUST  INPATIENT MEDICAL ASSISTANCE
RATES OF PAYMENT TO PROVIDE REIMBURSEMENT FOR THE COSTS ASSOCIATED  WITH
THE  PROVISION  OF  INTERPRETATION  SERVICES  FOR PATIENTS IN RECEIPT OF
MEDICAL ASSISTANCE WHO HAVE LIMITED ENGLISH PROFICIENCY,  INCLUDING  BUT
NOT  LIMITED  TO  HEALTH  CARE,  BILLING  AND MAKING APPOINTMENTS. TO BE
ELIGIBLE FOR REIMBURSEMENT, THE  PROVISION  OF  INTERPRETATION  SERVICES
MUST  BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT
BY THE COMMISSIONER.
  (B) FOR PURPOSES OF THIS SUBDIVISION:    (I)  "PATIENTS  WITH  LIMITED
ENGLISH  PROFICIENCY"  MEANS  PATIENTS  WHOSE  PRIMARY  LANGUAGE  IS NOT
ENGLISH AND WHO CANNOT SPEAK, READ,  WRITE  OR  UNDERSTAND  THE  ENGLISH
LANGUAGE  AT  A  LEVEL  SUFFICIENT  TO  PERMIT SUCH PATIENTS TO INTERACT
EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02579-05-0

S. 3740--B                          2

PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI-
VIDUALS WITH SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND  THE  RELE-
VANT  LANGUAGE  TO  COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO
ACCESS  SERVICES  AND,  IN  THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN  MEDICAL  INTERPRETATION
TECHNIQUES,  ETHICS  AND  TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
  S 2. Paragraph (g) of subdivision 2 of  section  2807  of  the  public
health  law  is  amended  by  adding a new subparagraph (iii) to read as
follows:
  (III) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPHS (I) AND  (II)  OF
THIS  PARAGRAPH,  (A)  THE  COMMISSIONER  SHALL  FURTHER ADJUST RATES OF
PAYMENT FOR  GENERAL  HOSPITAL  OUTPATIENT  AND  EMERGENCY  SERVICES  TO
PROVIDE  REIMBURSEMENT  FOR  THE  COSTS ASSOCIATED WITH THE PROVISION OF
INTERPRETATION SERVICES FOR PATIENTS IN RECEIPT  OF  MEDICAL  ASSISTANCE
WHO  HAVE  LIMITED  ENGLISH  PROFICIENCY,  INCLUDING  BUT NOT LIMITED TO
HEALTH CARE,  BILLING  AND  MAKING  APPOINTMENTS.  TO  BE  ELIGIBLE  FOR
REIMBURSEMENT,  THE  PROVISION  OF INTERPRETATION SERVICES MUST BE DOCU-
MENTED IN SUCH A MANNER AS TO ENABLE  REPORTING  TO  AND  AUDIT  BY  THE
COMMISSIONER.  (B)  FOR THE PURPOSES OF THIS SUBPARAGRAPH: (1) "PATIENTS
WITH LIMITED ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY  LANGUAGE
IS  NOT  ENGLISH  AND  WHO  CANNOT  SPEAK, READ, WRITE OR UNDERSTAND THE
ENGLISH LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTER-
ACT EFFECTIVELY WITH HEALTH CARE PROVIDERS  AND  THEIR  STAFF;  AND  (2)
"INTERPRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY
INDIVIDUALS  WITH  SUFFICIENT  BILINGUAL  SKILLS IN BOTH ENGLISH AND THE
RELEVANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR  THE  PATIENT
TO  ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN  MEDICAL  INTERPRETATION
TECHNIQUES,  ETHICS  AND  TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
  S 3. Section 2807 of the public health law is amended by adding a  new
subdivision 20 to read as follows:
  20. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, (A) THE COMMISSION-
ER  SHALL  ADJUST  RATES OF PAYMENT FOR DIAGNOSTIC AND TREATMENT CENTERS
LICENSED PURSUANT TO THIS ARTICLE TO PROVIDE REIMBURSEMENT FOR THE COSTS
ASSOCIATED WITH THE PROVISION OF INTERPRETATION SERVICES FOR PATIENTS IN
RECEIPT OF MEDICAL ASSISTANCE  WHO  HAVE  LIMITED  ENGLISH  PROFICIENCY,
INCLUDING  BUT  NOT  LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINT-
MENTS. TO BE ELIGIBLE FOR REIMBURSEMENT, THE PROVISION OF INTERPRETATION
SERVICES MUST BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE  REPORTING  TO
AND AUDIT BY THE COMMISSIONER.
  (B)  FOR  THE PURPOSES OF THIS SUBDIVISION: (I) "PATIENTS WITH LIMITED
ENGLISH PROFICIENCY"  MEANS  PATIENTS  WHOSE  PRIMARY  LANGUAGE  IS  NOT
ENGLISH  AND  WHO  CANNOT  SPEAK,  READ, WRITE OR UNDERSTAND THE ENGLISH
LANGUAGE AT A LEVEL SUFFICIENT  TO  PERMIT  SUCH  PATIENTS  TO  INTERACT
EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER-
PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI-
VIDUALS  WITH  SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELE-
VANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR  THE  PATIENT  TO
ACCESS  SERVICES  AND,  IN  THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN  MEDICAL  INTERPRETATION

S. 3740--B                          3

TECHNIQUES,  ETHICS  AND  TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
  S 4. Subdivision 8 of section 2807 of the public health law is amended
by adding a new paragraph (g) to read as follows:
  (G)  SUBJECT  TO  RECEIPT OF ALL NECESSARY FEDERAL APPROVALS, RATES OF
PAYMENT COMPUTED IN ACCORDANCE WITH  THIS  SUBDIVISION  MAY  BE  FURTHER
ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWENTY OF THIS
SECTION,  PROVIDED,  HOWEVER, THAT SUCH ADJUSTMENTS SHALL NOT BE SUBJECT
TO TREND ADJUSTMENTS AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  S 5. Subdivision 1 of section 368-a of  the  social  services  law  is
amended by adding a new paragraph (z-1) to read as follows:
  (Z-1)  THE  FULL  AMOUNT EXPENDED FOR INTERPRETATION SERVICES PROVIDED
PURSUANT TO SUBDIVISION  THIRTY-FOUR  OF  SECTION  TWENTY-EIGHT  HUNDRED
SEVEN-C OF THE PUBLIC HEALTH LAW, OR SUBPARAGRAPH (III) OF PARAGRAPH (G)
OF  SUBDIVISION  TWO OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE PUBLIC
HEALTH LAW, OR SUBDIVISION TWENTY OF SECTION TWENTY-EIGHT HUNDRED  SEVEN
OF  THE PUBLIC HEALTH LAW, AFTER FIRST DEDUCTING THEREFROM FEDERAL FUNDS
PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT OF SUCH EXPENDITURES.
  S 6. Notwithstanding any provision of law, rule or regulation  to  the
contrary,  the  effectiveness  of  subdivisions  4,  7,  7-a, and 7-b of
section 2807 of the public health law, and section 18 of  chapter  2  of
the  laws of 1988, as they relate to time frames for notice, approval or
certification of rates of payment,  and  to  the  requirement  of  prior
notice  of rates of payment, are hereby suspended and shall for purposes
of implementing the provisions of this act be deemed to have been  with-
out  any  force and effect from and after the first of February for such
rates effective for the period April 1 through March 31 in  the  initial
year of implementation.
  S  7.  This  act shall take effect immediately and shall apply to: (a)
hospital inpatient discharges on or after the first of  April  after  it
shall have become a law; and (b) other services provided on or after the
first of April after it shall have become a law.

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