S T A T E   O F   N E W   Y O R K
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                                  1138

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. GOTTFRIED, PAULIN -- Multi-Sponsored by -- M. of
  A. HOOPER, McENENY -- read once  and  referred  to  the  Committee  on
  Health

AN  ACT to amend the social services law, in relation to authorizing the
  provision of certain optometric services by the college  of  optometry
  of  the  state  university  of  New  York to persons receiving medical
  assistance

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

  Section 1. Clause (E) of subparagraph (iii) of paragraph (a) of subdi-
vision  4  of  section  364-j  of  the social services law is relettered
clause (F) and a new clause (E) is added to read as follows:
  (E) THE SERVICES ARE OPTOMETRIC SERVICES, AS DEFINED  IN  ARTICLE  ONE
HUNDRED FORTY-THREE OF THE EDUCATION LAW, AND ARE PROVIDED BY A DIAGNOS-
TIC  AND  TREATMENT  CENTER  LICENSED  UNDER ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW WHICH IS AFFILIATED WITH THE COLLEGE OF  OPTOMETRY  OF
THE STATE UNIVERSITY OF NEW YORK AND WHICH HAS BEEN GRANTED AN OPERATING
CERTIFICATE PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW TO
PROVIDE  SUCH  OPTOMETRIC  SERVICES. ANY DIAGNOSTIC AND TREATMENT CENTER
PROVIDING OPTOMETRIC SERVICES PURSUANT TO THIS  CLAUSE  SHALL  PRIOR  TO
JUNE  FIRST  OF EACH YEAR REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF
THE SENATE AND SPEAKER OF THE ASSEMBLY ON  THE  FOLLOWING:    THE  TOTAL
NUMBER  OF VISITS MADE BY MEDICAL ASSISTANCE RECIPIENTS DURING THE IMME-
DIATELY PRECEDING CALENDAR YEAR; THE NUMBER OF VISITS  MADE  BY  MEDICAL
ASSISTANCE  RECIPIENTS DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR BY
RECIPIENTS WHO WERE ENROLLED IN MANAGED CARE  PROGRAMS;  THE  NUMBER  OF
VISITS  MADE  BY  MEDICAL  ASSISTANCE  RECIPIENTS DURING THE IMMEDIATELY
PRECEDING CALENDAR YEAR BY RECIPIENTS WHO WERE ENROLLED IN MANAGED  CARE
PROGRAMS  THAT PROVIDE OPTOMETRIC BENEFITS AS A COVERED SERVICE; AND THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00801-01-9
              

A. 1138                             2

NUMBER OF VISITS MADE BY THE UNINSURED DURING THE IMMEDIATELY  PRECEDING
CALENDAR YEAR; OR
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to subparagraph (iii) of paragraph (a) of  subdivision  4
of section 364-j of the social services law, made by section one of this
act,  shall  not  affect  the repeal of such section and shall be deemed
repealed therewith.