NY State Senate Bill 2009-S5068

Senate Bill S5068

2009-2010 Legislative Session

Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
May 13, 2009	committee discharged and committed to health
Apr 27, 2009	referred to social services

2009-S5068 (ACTIVE) - Details

See Assembly Version of this Bill:: A6674
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §§365-h & 368-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2715, A811
2013-2014: S3312
2015-2016: S1055
2017-2018: S2528
2019-2020: S7035
2021-2022: S1580
2023-2024: S3223

2009-S5068 (ACTIVE) - Summary

Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official including emergency medical transportation by an ambulance service certified under article 30 of the public health law; and further authorizes the commissioner of health to establish a reimbursement methodology to ensure providers are reimbursed.

2009-S5068 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5068

 TITLE OF BILL :  An act to amend the social services law, in relation
to reimbursement of transportation costs for emergency care

 PURPOSE OR GENERAL IDEA OF THE BILL : To establish a Medicaid
reimbursement methodology for ambulance transportation with rates that
allow providers to recoup their costs.

 SUMMARY OF SPECIFIC PROVISIONS : Section 1.Amends Subdivision 1 of
section 365h of the Social Services Law to exempt transportation to
obtain emergency care from the requirement for prior authorization
under Medicaid, to conform with the exemption in 5 365a(2)(j) of the
Social Services Law.

Amends Section 365-h of the Social. Services Law to direct the
Commissioner of Health to establish a Medicaid reimbursement
methodology for ambulance transportation and care that ensures that
providers are reimbursed at the greater of the Medical Assistance Rate
on the effective date of the bill or the Federal Medicare allowable
charge.  This reimbursement methodology shall be phased in over three
years as follows: in the state fiscal year in which the bill becomes a
law, 33 percent; in the following state fiscal year, 66 percent; and
in the second state fiscal year following the fiscal year in which the
bill becomes a law and all subsequent fiscal years, 100 percent.

Section 2. Amends Subdivision 1 of section 368-a of the Social
Services Law to ensure that the state bears 100 percent of the
increase in medical assistance under this title, after first deducting
any federal funds properly received or to be received on account
thereof.

Section 3. Provides that this act shall take effect immediately.

 JUSTIFICATION : The Medicaid reimbursement rate for ambulance trips
is currently determined on a county-by-county basis.  Almost every
county in the state fails to adequately reimburse ambulance companies
for the costs incurred in transporting patients.

This bill would create a methodology for ambulance reimbursement under
Medicaid that more closely approximates the cost of providing the
service. Ambulances are required by law to pick everyone up, including
Medicaid patients. It is unfair to require these ambulance companies
to accept Medicaid patients and then not fairly reimburse them for the
costs of providing services to these patients.

 PRIOR LEGISLATIVE HISTORY : 2002: A11462 - reported to Ways and Means
2003: A4746 - reported to Ways and Means 2004: A4746-A:  reported to
Rules 2005-06: A4017-B - reported to Ways and Means 2007-08:  A3793-A
-reported to Ways and Means

 FISCAL IMPLICATIONS : Dependent on the costs of transporting
patients. The State would also assume the local share of any
additional Medicaid spending.

 EFFECTIVE DATE : Immediately.

2009-S5068 (ACTIVE) - Bill Text download pdf

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

                                  5068

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06378-04-9

S. 5068                             2

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.

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