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

                                   118

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. CAHILL, ENGLEBRIGHT, DESTITO, P. RIVERA, CANES-
  TRARI, PEOPLES-STOKES, SWEENEY, BOYLAND, KELLNER -- Multi-Sponsored by
  -- M. of A. CYMBROWITZ, MARKEY, PHEFFER, J. RIVERA, WEISENBERG -- read
  once and referred to the Committee on Social Services

AN ACT to amend the social services law, in relation to amounts  payable
  under medical assistance

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

  Section 1. Paragraph (d) of subdivision 1  of  section  367-a  of  the
social services law, as amended by section 1 of part J1 of chapter 63 of
the  laws of 2003, subparagraph (iii) as amended by section 53 of part C
of chapter 58 of the laws of 2008, is amended to read as follows:
  (d) [(i)] Amounts payable under this title for medical assistance  for
items  and  services provided to eligible persons who are also benefici-
aries under part A AND/OR PART B of title XVIII of  the  federal  social
security act and items and services provided to qualified medicare bene-
ficiaries under part A of title XVIII of the federal social security act
shall  not  be  less  than the amount of any deductible and co-insurance
liability of such eligible persons or for which such eligible persons or
such qualified medicare beneficiaries would be liable under federal  law
were they not eligible for medical assistance or were they not qualified
medicare  beneficiaries  with respect to such benefits under such part A
AND/OR SUCH PART B.
  [(ii) Amounts payable under this  title  for  medical  assistance  for
items  and  services provided to eligible persons who are also benefici-
aries under part B of title XVIII of the federal social security act and
items and services provided to qualified  medicare  beneficiaries  under
part  B  of  title XVIII of the federal social security act shall not be
less than the amount  of  any  deductible  liability  of  such  eligible
persons  or  for  which such eligible persons or such qualified medicare

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

                                                           LBD00780-01-1

A. 118                              2

beneficiaries would be liable under federal law were they  not  eligible
for medical assistance or were they not qualified medicare beneficiaries
with respect to such benefits under such part B.
  (iii)  When  payment under part B of title XVIII of the federal social
security act for items and services provided to eligible persons who are
also beneficiaries under part B of title XVIII  of  the  federal  social
security  act  and for items and services provided to qualified medicare
beneficiaries under part B of title XVIII of the federal social security
act would exceed the amount that otherwise  would  be  made  under  this
title  if provided to an eligible person other than a person who is also
a beneficiary under part B or is a qualified medicare  beneficiary,  the
amount payable under this title shall be twenty percent of the amount of
any  co-insurance liability of such eligible persons pursuant to federal
law were they not eligible for medical assistance or were they not qual-
ified medicare beneficiaries with respect to such  benefits  under  such
part  B;  provided,  however, amounts payable under this title for items
and services provided to eligible persons  who  are  also  beneficiaries
under  part  B  or  to  qualified medicare beneficiaries by an ambulance
service under the authority of an operating certificate issued  pursuant
to  article  thirty  of  the  public health law, a psychologist licensed
under article one hundred fifty-three of the education law, or a facili-
ty under the authority of an operating certificate  issued  pursuant  to
article  sixteen, thirty-one or thirty-two of the mental hygiene law and
with respect to  outpatient  hospital  and  clinic  items  and  services
provided  by  a facility under the authority of an operating certificate
issued pursuant to article twenty-eight of the public health law,  shall
not be less than the amount of any co-insurance liability of such eligi-
ble  persons or such qualified medicare beneficiaries, or for which such
eligible persons or  such  qualified  medicare  beneficiaries  would  be
liable  under  federal law were they not eligible for medical assistance
or were they not qualified medicare beneficiaries with respect  to  such
benefits under part B.]
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2003.