S T A T E O F N E W Y O R K
________________________________________________________________________
4277
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
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Introduced by M. of A. P. RIVERA, COOK -- Multi-Sponsored by -- M. of A.
CLARK, GALEF, MILLMAN, ORTIZ, WRIGHT -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to provision of
podiatric custom orthotics under the medical assistance for needy
persons program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 365-a of the social services law is amended by
adding a new subdivision 10 to read as follows:
10. (A) MEDICAL ASSISTANCE FOR THE PROVISION OF PODIATRIC CUSTOM
ORTHOTICS SHALL BE SUBJECT TO THE FOLLOWING:
(I) THE PODIATRIST SHALL MAINTAIN COMPLETE, LEGIBLE RECORDS ON EACH
ELIGIBLE PATIENT RECEIVING A PODIATRIC CUSTOM ORTHOTIC. SUCH RECORDS
SHALL PROVIDE VERIFICATION OF THE QUALITY AND NECESSITY OF THE PODIATRIC
ORTHOTIC PRESCRIBED;
(II) WHEN X-RAYS ARE DEEMED MEDICALLY NECESSARY TO ENSURE PROPER DIAG-
NOSIS AND TREATMENT, THE PODIATRIST SHALL MAINTAIN X-RAYS OF ELIGIBLE
PATIENTS RECEIVING A PODIATRIC CUSTOM ORTHOTIC. SUCH X-RAYS SHALL IDEN-
TIFY THE PODIATRIST, ELIGIBLE PATIENT, DATE TAKEN AND WHETHER TAKEN OF
THE LEFT OR RIGHT FOOT;
(III) PODIATRIC CUSTOM ORTHOTICS SHALL NOT BE PRESCRIBED FOR THOSE
ELIGIBLE PATIENTS WHO:
(A) HAVE NO OBJECTIVE PATHOLOGY,
(B) WILL NOT COOPERATE IN THE USE OF THE ORTHOTIC OR THE SHOE ACCEPTA-
BLE TO THE ORTHOTIC, OR
(C) IS A POOR RISK FOR FOLLOW UP ADJUSTMENTS; AND
(IV) FOR THE PURPOSES OF CREATING A PODIATRIC CUSTOM ORTHOTIC, A FOOT
MOULD, BALANCE AND INLAY SUPPORT SHALL BE CAST IN PLASTER, CASTEFOAM,
IMPRESSION PAPER OR PAPER TRACINGS. SUCH IMPRESSIONS SHALL BE DELIVERED
TO A LABORATORY FOR THE MANUFACTURE OF THE ORTHOTIC. WHEN COMPLETED, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00010-01-1
A. 4277 2
ORTHOTIC SHALL CONFORM AND BE ADJUSTED TO THE DIAGNOSED CONDITION OF THE
ELIGIBLE PATIENT AND BE FITTED AND ADJUSTED TO SUCH PATIENT.
(B) THE COMMISSIONER OF HEALTH SHALL PROMULGATE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law; provided that application of this act shall be and
serve to clarify and cure ambiguity of the New York state social
services podiatry provider manual from 1982 until the effective date of
this act. No cause of action based upon a change of status or the vacat-
ing of a criminal conviction arising out of the provisions of this act
shall result in any liability for the state, its political subdivisions
or prosecutorial agencies.