S T A T E O F N E W Y O R K
________________________________________________________________________
969
2009-2010 Regular Sessions
I N S E N A T E
January 22, 2009
___________
Introduced by Sen. KRUGER -- 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 physician fee
reimbursements under the medical assistance for needy persons (medi-
caid) program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 367-a of the
social services law, as amended by chapter 165 of the laws of 1991, is
amended to read as follows:
(a) Any inconsistent provision of this chapter or other law notwith-
standing, no assignment of the claim of any supplier of medical assist-
ance shall be valid and enforceable as against any LOCAL social services
district or the STATE department OF HEALTH, and any payment with
respect to any medical assistance shall be made to the person, institu-
tion, state department or agency or municipality supplying such medical
assistance at rates established by the appropriate LOCAL social services
district and contained in its approved local medical plan, except as
otherwise permitted or required by applicable federal and state
provisions, including the regulations of the STATE department OF HEALTH;
provided, however, that for those districts for whom the STATE depart-
ment OF HEALTH has assumed payment responsibilities pursuant to section
three hundred sixty-seven-b of this [chapter] TITLE, rates shall be
established by the STATE department OF HEALTH, except as otherwise
required by applicable provisions of federal or state law; AND PROVIDED
FURTHER, HOWEVER, THAT AMOUNTS PAYABLE UNDER THIS TITLE FOR MEDICAL
ASSISTANCE FOR SERVICES PROVIDED BY PHYSICIANS IN THEIR OFFICES SHALL BE
NO LESS THAN THE AMOUNTS PAYABLE UNDER THIS TITLE FOR MEDICAL ASSISTANCE
FOR SERVICES PROVIDED BY PHYSICIANS IN OUT-PATIENT DEPARTMENTS OF HOSPI-
TALS LOCATED IN THE SAME LOCAL SOCIAL SERVICES DISTRICT AS SUCH PHYSI-
CIAN'S OFFICE IS LOCATED. A LOCAL social services official may apply to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06668-01-9
S. 969 2
the STATE department OF HEALTH for local variations in rates to be
applicable, upon approval by the STATE department OF HEALTH, to recipi-
ents for whom such district is responsible. Claims for payment shall be
made in such form and manner as the STATE department OF HEALTH shall
determine.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date is authorized and directed to be made and completed
on or before such effective date.