Senate Bill S5068

                            
                    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.