senate Bill S2715A

2011-2012 Legislative Session

Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 07, 2012 reported and committed to health
Jan 27, 2012 print number 2715a
amend and recommit to social services
Jan 04, 2012 referred to social services
Jan 31, 2011 referred to social services

Votes

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Feb 7, 2012 - Social Services committee Vote

S2715A
3
0
committee
3
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: Feb 7, 2012

aye wr (3)

Bill Amendments

Original
A (Active)
Original
A (Active)

S2715 - Bill Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §§365-h & 368-a, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S5068

S2715 - Bill Texts

view summary

Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official including emergency medical transportation by an ambulance service certified under article 30 of the public health law; and further authorizes the commissioner of health to establish a reimbursement methodology to ensure providers are reimbursed.

view sponsor memo
BILL NUMBER:S2715

TITLE OF BILL:
An act
to amend the social services law, in relation to reimbursement of
transportation costs for emergency care

PURPOSE:
To establish a Medicaid reimbursement methodology for
ambulance transportation with rates that allow providers to recoup
their costs.

SUMMARY OF PROVISIONS:
Section 1. Amends Subdivision 1 of section 365-h
of the Social Services Law to exempt transportation to obtain
emergency care from the requirement for prior authorization under
Medicaid, to conform with the exemption in § 365a(2)(j) of the
Social Services Law.

Amends Section 365-h of the Social Services Law to direct the
Commissioner of Health to establish a Medicaid reimbursement
methodology for ambulance transportation and care that ensures that
providers are reimbursed at the greater of the Medical Assistance
Rate on the effective date of the bill or the Federal Medicare
allowable charge.
This reimbursement methodology shall be phased in over three years as
follows: in the state fiscal year in which the bill becomes a law, 33
percent; in the following state fiscal year, 66 percent; and in the
second state fiscal year following the fiscal year in which the bill
becomes a law and all subsequent fiscal years, 100 percent.

Section 2 Amends Subdivision 1 of section 368-a of the Social Services
Law to ensure that the state bears 100 percent of the increase in
medical assistance under this title, after first deducting any
federal funds properly received or to be received on account thereof.

Section 3. Provides that this act shall take effect immediately.

JUSTIFICATION:
The Medicaid reimbursement rate for ambulance trips is
currently determined on a county-by-county basis. Almost every county
in the state fails to adequately reimburse ambulance companies for
the costs incurred in transporting patients.

This bill would create a methodology for ambulance reimbursement under
Medicaid that more closely approximates the cost of providing the
service. Ambulances are required by law to pick everyone up,
including Medicaid patients.
It is unfair to require these ambulance companies to accept Medicaid
patients and then not fairly reimburse them for the costs of
providing services to these patients.

LEGISLATIVE HISTORY:
S.5068 of 2009-10

FISCAL IMPLICATIONS:


Dependent on the costs of transporting patients.
The State would also assume the local share of any additional
Medicaid spending.

EFFECTIVE DATE:
Immediately, with provisions.

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

                                  2715

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02510-01-1

S. 2715                             2

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.

S2715A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §§365-h & 368-a, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S5068

S2715A (ACTIVE) - Bill Texts

view summary

Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official including emergency medical transportation by an ambulance service certified under article 30 of the public health law; and further authorizes the commissioner of health to establish a reimbursement methodology to ensure providers are reimbursed.

view sponsor memo
BILL NUMBER:S2715A

TITLE OF BILL:
An act
to amend the social services law, in relation to reimbursement of
transportation costs for emergency care

PURPOSE:
To establish a Medicaid reimbursement methodology for
ambulance transportation with rates that allow providers to recoup
their costs.

SUMMARY OF PROVISIONS:
Section 1. Amends Subdivision
1 of section
365-h of the Social Services Law to exempt transportation to obtain
emergency care from the requirement for prior authorization under
Medicaid, to conform with the exemption in § 365a(2)(i) of the Social
Services Law.

Amends Section 365-h of the Social Services Law to direct the
Commissioner of Health to establish a Medicaid reimbursement
methodology for ambulance transportation and care that ensures that
providers are reimbursed at the greater of the Medical Assistance
Rate on the effective date of the bill or the Federal Medicare
allowable charge.
This reimbursement methodology shall be phased in over three years as
follows: in the state fiscal year in which the bill becomes a law, 33
percent; in the following state fiscal year, 66 percent; and in the
second state fiscal year following the fiscal year in which the bill
becomes a law and all subsequent fiscal years, 100 percent.

Section 2. Amends Subdivision 1 of section 368-a of the Social
Services Law to ensure that the state bears 100 percent of the
increase in medical assistance under this title, after first
deducting any federal funds properly received or to be received on
account thereof.

Section 3. Provides that this act shall take effect immediately.

JUSTIFICATION:
The Medicaid reimbursement rate for ambulance trips is
currently determined on a county-by-county basis. Almost every county
in the state fails to adequately reimburse ambulance companies for
the costs incurred in transporting patients.

This bill would create a methodology for ambulance reimbursement under
Medicaid that more closely approximates the cost of providing the
service. Ambulances are required by law to pick everyone up,
including Medicaid patients.
It is unfair to require these ambulance companies to accept Medicaid

patients and then not fairly reimburse them for the costs of
providing services to these patients.

LEGISLATIVE HISTORY:
S.5068 of 2009-10.

FISCAL IMPLICATIONS:
Dependent on the costs of transporting patients.
The State would also assume the local share of any additional
Medicaid spending.

EFFECTIVE DATE:
This act shall take effect April 1, 2013, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2715--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services --  recom-
  mitted  to  the Committee on Social Services in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02510-02-2

S. 2715--A                          2

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 THIR-
TEEN,  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, 2013, 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 part B
of chapter 109 of the laws of 2010, as amended.

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