S T A T E O F N E W Y O R K
________________________________________________________________________
811
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GOTTFRIED, CANESTRARI, JACOBS, HOYT, DINOWITZ,
GABRYSZAK, SCHROEDER, PAULIN -- Multi-Sponsored by -- M. of A. ABBATE,
AUBRY, CAHILL, CLARK, COLTON, COOK, CYMBROWITZ, DESTITO, GALEF,
GIGLIO, GUNTHER, HEASTIE, HOOPER, JAFFEE, KELLNER, KOLB, LATIMER,
LIFTON, V. LOPEZ, LUPARDO, MAGEE, MAYERSOHN, McENENY, J. MILLER, MILL-
MAN, MOLINARO, MORELLE, PEOPLES-STOKES, PERRY, PHEFFER, REILICH, REIL-
LY, J. RIVERA, ROBINSON, RUSSELL, SCHIMMINGER, SWEENEY, TOWNS, WEISEN-
BERG -- read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to reimbursement of
transportation costs for emergency care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 365-h of the social services law,
as amended by section 20 of part B of chapter 109 of the laws of 2010,
is amended and a new subdivision 5 is added to read as follows:
1. The local social services official and, subject to the provisions
of subdivision four of this section, the commissioner of health shall
have responsibility for prior authorizing transportation of eligible
persons and for limiting the provision of such transportation to those
recipients and circumstances where such transportation is essential,
medically necessary and appropriate to obtain medical care, services or
supplies otherwise available under this title. HOWEVER, PRIOR AUTHORI-
ZATION SHALL NOT BE REQUIRED FOR TRANSPORTATION TO OBTAIN EMERGENCY
CARE, INCLUDING EMERGENCY MEDICAL TRANSPORTATION BY AN AMBULANCE SERVICE
CERTIFIED UNDER ARTICLE THIRTY OF THE PUBLIC HEALTH LAW.
5. WITH RESPECT TO TRANSPORTATION AND CARE PROVIDED TO AN ELIGIBLE
PERSON BY AN AMBULANCE SERVICE CERTIFIED UNDER ARTICLE THIRTY OF THE
PUBLIC HEALTH LAW, THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL
ESTABLISH A REIMBURSEMENT METHODOLOGY THAT ENSURES THAT PROVIDERS ARE
REIMBURSED AT THE GREATER OF THE MEDICAL ASSISTANCE RATE IN EFFECT ON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02510-01-1
A. 811 2
THE EFFECTIVE DATE OF THIS SUBDIVISION, OR THE MEDICARE ALLOWABLE CHARGE
(PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT) FOR SUCH
TRANSPORTATION AND CARE. THE AMOUNT OF INCREASE IN REIMBURSEMENT
PRODUCED BY THIS METHODOLOGY OVER WHAT WOULD OTHERWISE HAVE BEEN PAID
SHALL BE PHASED IN AS FOLLOWS: IN THE STATE FISCAL YEAR IN WHICH THE
PROVISIONS OF THIS SUBDIVISION BECOME A LAW, THIRTY-THREE PERCENT; IN
THE FOLLOWING STATE FISCAL YEAR, SIXTY-SIX PERCENT; AND IN THE SECOND
STATE FISCAL YEAR FOLLOWING THE STATE FISCAL YEAR IN WHICH THE
PROVISIONS OF THIS SUBDIVISION BECOME A LAW AND ALL SUBSEQUENT FISCAL
YEARS, ONE HUNDRED PERCENT.
S 2. Subdivision 1 of section 368-a of the social services law is
amended by adding a new paragraph (aa) to read as follows:
(AA) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, ONE HUNDRED PERCENT OF THE
AMOUNT EXPENDED FOR MEDICAL ASSISTANCE UNDER THIS TITLE FOR TRANSPORTA-
TION AND CARE FURNISHED UNDER SUBDIVISION FOUR OF SECTION THREE HUNDRED
SIXTY-FIVE-H OF THIS TITLE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE,
AFTER FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR
TO BE RECEIVED ON ACCOUNT THEREOF.
S 3. This act shall take effect April 1, 2012, provided that the
amendments to subdivision 1 of section 365-h of the social services law
made by section one of this act shall not affect the repeal and rever-
sion of such section pursuant to subdivision (a) of section 40 of chap-
ter 109 of the laws of 2010, as amended.