NY State Senate Bill 2009-S7950

Senate Bill S7950

2009-2010 Legislative Session

Modifies medicaid services' availability to bring them more in line with those of private health insurance coverage; repealer

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2010	referred to health

2009-S7950 (ACTIVE) - Details

See Assembly Version of this Bill:: A6677
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, rpld §365-a sub 2 ¶(n), Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2684, A2340
2013-2014: S1212, A2714
2015-2016: S4137

2009-S7950 (ACTIVE) - Summary

Modifies medicaid services' availability to bring them more in line with those of private health insurance coverage.

2009-S7950 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7950

TITLE OF BILL:
An act
to amend the social services law, in relation to the character and
adequacy of Medicaid assistance and to repeal paragraph (n) of
subdivision 2 of section 365-a of the social services law relating to
the care and services of audiologists

PURPOSE OF THE BILL:
Modifies the availability of Medicaid services to
bring them more in line with those of private health insurance
coverage.

SUMMARY OF SPECIFIC PROVISIONS:
§ 1- Amends paragraph (a) of subdivision 2 of § 365-a of the Social
Services Law to remove dentists, nurses, and private duty nursing
from those services authorized under the subdivision.
However, nurse midwives and nurse practitioners are added.

§ 2- Amends paragraph (t) of subdivision 2 of § 365-a of the Social
Services Law to specify that coverage for preventive, prophylactic
and other routine dental care, services and supplies will be
authorized only when provided in a hospital outpatient or clinic
facility.

§ 3- Amends paragraph (g) of subdivision 2 of § 365-a of the Social
Services Law to remove dental prosthetic appliances from those
services authorized under the subdivision and to authorize the
Commissioner of Health to require prior approval of any prescription
drug that is prescribed for a resident of a nursing home that is not
reimbursed as part of the nursing home's Medicaid rate.

§ 4- Amends paragraph (1) of subdivision 2 of § 365-a of the Social
Services Law to add clinical psychologists, nurses and audiologists,
including such care and services provided in a hospital out-patient
or clinic facility, and dentists in those services and care provided
in accordance with the program of early and periodic screening and
diagnosis.

§ 5- Repeals paragraph (n) of subdivision 2 of § 365-a of the Social
Services Law which relates to services provided by audiologists.

§ 6- Allows the Commissioner of Health to promulgate or adopt any
rules or regulations necessary to implement the provisions of the bill.

§ 7- Effective date.

JUSTIFICATION:
The ultimate goal of this legislation is to bring
Medicaid coverage more in line with private health insurance

coverage. The costs associated with "optional" services, those
allowed for but not required by the federal government but required
by New York State, have increased substantially, causing fiscal
strife for many of the state's counties. These costs are often passed
along to the citizens of the state through higher property taxes or
other tax increases. This legislation in no way suggests that
monetary concerns outweigh the care of individuals. However, it is
unfair and inappropriate to ask working families to pay for services
covered under "optional" Medicaid coverage that they themselves may
not be able to afford or obtain under their own private health
insurance plan.

PRIOR LEGISLATIVE HISTORY:
2007-2008: A.4674
2005-2006: A.5465-A

FISCAL IMPLICATIONS:
Yet to be determined. Cost savings to both
counties and the State are expected.

EFFECTIVE DATE:
On the one hundred eightieth day after it shall have
become a law.

2009-S7950 (ACTIVE) - Bill Text download pdf

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

                                  7950

                            I N  S E N A T E

                              May 26, 2010
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation  to  the  character
  and  adequacy  of  Medicaid  assistance and to repeal paragraph (n) of
  subdivision 2 of section 365-a of the social services law relating  to
  the care and services of audiologists

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

  Section 1. Paragraph (a) of subdivision 2  of  section  365-a  of  the
social  services  law,  as amended by chapter 47 of the laws of 1996, is
amended to read as follows:
  (a) services of qualified physicians, [dentists, nurses,  and  private
duty  nursing  services  shall  be  further subject to the provisions of
section three hundred  sixty-seven-o  of  this  chapter,]  optometrists,
NURSE  MIDWIVES,  NURSE  PRACTITIONERS,  and  other related professional
personnel;
  S 2. Paragraph (f) of subdivision 2 of section  365-a  of  the  social
services  law, as added by chapter 184 of the laws of 1969 and as relet-
tered by chapter 478 of the laws of 1980, is amended to read as follows:
  (f) preventive, prophylactic and other routine dental  care,  services
and  supplies  ONLY  WHEN  PROVIDED  IN  A HOSPITAL OUTPATIENT OR CLINIC
FACILITY REFERRED TO IN PARAGRAPH (C) OF THIS SUBDIVISION;
  S 3. Paragraph (g) of subdivision 2 of section  365-a  of  the  social
services  law,  as  amended by section 1 of part F of chapter 497 of the
laws of 2008, is amended to read as follows:
  (g) sickroom supplies,  eyeglasses,  AND  prosthetic  appliances  [and
dental  prosthetic  appliances]  furnished  in accordance with the regu-
lations of the department, provided that the commissioner of  health  is
authorized  to implement a preferred diabetic supply program wherein the
department of  health  will  receive  enhanced  rebates  from  preferred
manufacturers  of  glucometers and test strips, and may subject non-pre-
ferred manufacturers' glucometers and test strips to prior authorization
under section two hundred seventy-three of the public health law;  drugs
provided  on  an  in-patient  basis,  those  drugs contained on the list

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

                                                           LBD03977-03-0

S. 7950                             2

established by regulation of the  commissioner  of  health  pursuant  to
subdivision  four  of  this  section,  and  those drugs which may not be
dispensed without a prescription  as  required  by  section  sixty-eight
hundred  ten  of  the education law and which the commissioner of health
shall determine to be reimbursable based upon such factors as the avail-
ability of such drugs or alternatives at low  cost  if  purchased  by  a
medicaid  recipient,  or the essential nature of such drugs as described
by such commissioner in regulations, provided, however, that such drugs,
exclusive of long-term maintenance drugs, shall be dispensed in  quanti-
ties no greater than a thirty day supply or one hundred doses, whichever
is  greater; provided further that the commissioner of health is author-
ized to require prior authorization for any  refill  of  a  prescription
when  less  than seventy-five percent of the previously dispensed amount
per fill should have been used were the product used as  normally  indi-
cated,  AND  PROVIDED  FURTHER  THAT  SUCH COMMISSIONER IS AUTHORIZED TO
REQUIRE PRIOR APPROVAL OF ANY PRESCRIPTION DRUG THAT IS PRESCRIBED FOR A
RESIDENT OF A NURSING HOME AND THAT IS NOT REIMBURSED  AS  PART  OF  THE
NURSING  HOME'S  MEDICAID RATE; medical assistance shall not include any
drug provided on other than an in-patient basis for which a recipient is
charged or a claim is made in the case of a prescription drug, in excess
of the maximum reimbursable amounts  to  be  established  by  department
regulations in accordance with standards established by the secretary of
the  United  States  department of health and human services, or, in the
case of a drug not requiring a prescription, in excess  of  the  maximum
reimbursable  amount  established by the commissioner of health pursuant
to paragraph (a) of subdivision four of this section;
  S 4. Paragraph (l) of subdivision 2 of section  365-a  of  the  social
services  law,  as amended by chapter 81 of the laws of 1995, is amended
to read as follows:
  (l) care and services of podiatrists, CLINICAL  PSYCHOLOGISTS,  NURSES
AND  AUDIOLOGISTS, INCLUDING SUCH CARE AND SERVICES PROVIDED IN A HOSPI-
TAL OUT-PATIENT OR CLINIC FACILITY REFERRED TO IN PARAGRAPH (C) OF  THIS
SUBDIVISION,  AND  DENTISTS,  which  care  and  services  shall  only be
provided upon referral by a physician, nurse practitioner  or  certified
nurse  midwife  in  accordance  with  the  program of early and periodic
screening and diagnosis established pursuant  to  subdivision  three  of
this  section  or  to persons eligible for benefits under title XVIII of
the federal social security act as qualified medicare  beneficiaries  in
accordance  with  federal requirements therefor [and private duty nurses
which care and services shall only be provided in accordance with  regu-
lations  of  the  department  of health; provided, however, that private
duty nursing services shall not be restricted  when  such  services  are
more  appropriate and cost-effective than nursing services provided by a
home health agency pursuant to section three hundred sixty-seven-l];
  S 5. Paragraph (n) of subdivision 2 of section  365-a  of  the  social
services law, as added by chapter 556 of the laws of 1986, is REPEALED.
  S  6.  The commissioner of health is authorized to promulgate or adopt
any rules or regulations necessary to implement the provisions  of  this
act and any procedures, forms, or instructions necessary for such imple-
mentation  may  be  adopted and issued on or after the effective date of
this act. Notwithstanding any inconsistent provision of the state admin-
istrative procedure act or any other provision of  law,  rule  or  regu-
lation,  the  commissioner of health and the superintendent of insurance
and any appropriate council is authorized to adopt or amend  or  promul-
gate  on  an  emergency  basis  any regulation he or she or such council

S. 7950                             3

determines necessary to implement any  provision  of  this  act  on  its
effective date.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.