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.