S T A T E O F N E W Y O R K
________________________________________________________________________
418
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to amounts payable
for medical assistance for items and services provided to eligible
persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iii) of paragraph (d) of subdivision 1 of
section 367-a of the social services law, as amended by section 53 of
part C of chapter 58 of the laws of 2008, is amended to read as follows:
(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, A NEPHROLO-
GIST LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW,
or a facility under the authority of an operating certificate issued
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02085-01-1
A. 418 2
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 eligible 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.