S T A T E O F N E W Y O R K
________________________________________________________________________
661
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GOTTFRIED, RAMOS, PAULIN, LANCMAN, KELLNER, WEIS-
ENBERG, PHEFFER, PERRY, J. RIVERA, MAISEL, TITUS, KAVANAGH, GANTT,
CASTRO, MENG, COOK, ROSENTHAL, SCHIMEL -- Multi-Sponsored by -- M. of
A. ABBATE, BRENNAN, CAHILL, COLTON, DESTITO, DINOWITZ, FARRELL, GLICK,
HEASTIE, HOOPER, JACOBS, JAFFEE, MARKEY, McENENY, REILLY, SCARBOROUGH,
SWEENEY, TITONE, TOWNS, WRIGHT, ZEBROWSKI -- read once and referred to
the Committee on Health
AN ACT to amend the public health law and the social services law, in
relation to providing Medicaid reimbursement for interpretation
services provided by hospital inpatient and outpatient departments and
diagnostic and treatment centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2807-c of the public health law is amended by
adding a new subdivision 34 to read as follows:
34. INTERPRETATION SERVICES. (A) NOTWITHSTANDING ANY PROVISION OF THIS
SECTION, THE COMMISSIONER SHALL ADJUST INPATIENT MEDICAL ASSISTANCE
RATES OF PAYMENT TO PROVIDE REIMBURSEMENT FOR THE COSTS ASSOCIATED WITH
THE PROVISION OF INTERPRETATION SERVICES FOR PATIENTS IN RECEIPT OF
MEDICAL ASSISTANCE WHO HAVE LIMITED ENGLISH PROFICIENCY, INCLUDING BUT
NOT LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINTMENTS. TO BE
ELIGIBLE FOR REIMBURSEMENT, THE PROVISION OF INTERPRETATION SERVICES
MUST BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT
BY THE COMMISSIONER.
(B) FOR PURPOSES OF THIS SUBDIVISION: (I) "PATIENTS WITH LIMITED
ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT
ENGLISH AND WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH
LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTERACT
EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER-
PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02245-01-1
A. 661 2
VIDUALS WITH SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELE-
VANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO
ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN MEDICAL INTERPRETATION
TECHNIQUES, ETHICS AND TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
S 2. Paragraph (g) of subdivision 2 of section 2807 of the public
health law is amended by adding a new subparagraph (iii) to read as
follows:
(III) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPHS (I) AND (II) OF
THIS PARAGRAPH, (A) THE COMMISSIONER SHALL FURTHER ADJUST RATES OF
PAYMENT FOR GENERAL HOSPITAL OUTPATIENT AND EMERGENCY SERVICES TO
PROVIDE REIMBURSEMENT FOR THE COSTS ASSOCIATED WITH THE PROVISION OF
INTERPRETATION SERVICES FOR PATIENTS IN RECEIPT OF MEDICAL ASSISTANCE
WHO HAVE LIMITED ENGLISH PROFICIENCY, INCLUDING BUT NOT LIMITED TO
HEALTH CARE, BILLING AND MAKING APPOINTMENTS. TO BE ELIGIBLE FOR
REIMBURSEMENT, THE PROVISION OF INTERPRETATION SERVICES MUST BE DOCU-
MENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT BY THE
COMMISSIONER. (B) FOR THE PURPOSES OF THIS SUBPARAGRAPH: (1) "PATIENTS
WITH LIMITED ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE
IS NOT ENGLISH AND WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE
ENGLISH LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTER-
ACT EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (2)
"INTERPRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY
INDIVIDUALS WITH SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE
RELEVANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT
TO ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN MEDICAL INTERPRETATION
TECHNIQUES, ETHICS AND TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
S 3. Section 2807 of the public health law is amended by adding a new
subdivision 20 to read as follows:
20. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, (A) THE COMMISSION-
ER SHALL ADJUST RATES OF PAYMENT FOR DIAGNOSTIC AND TREATMENT CENTERS
LICENSED PURSUANT TO THIS ARTICLE TO PROVIDE REIMBURSEMENT FOR THE COSTS
ASSOCIATED WITH THE PROVISION OF INTERPRETATION SERVICES FOR PATIENTS IN
RECEIPT OF MEDICAL ASSISTANCE WHO HAVE LIMITED ENGLISH PROFICIENCY,
INCLUDING BUT NOT LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINT-
MENTS. TO BE ELIGIBLE FOR REIMBURSEMENT, THE PROVISION OF INTERPRETATION
SERVICES MUST BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO
AND AUDIT BY THE COMMISSIONER.
(B) FOR THE PURPOSES OF THIS SUBDIVISION: (I) "PATIENTS WITH LIMITED
ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT
ENGLISH AND WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH
LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTERACT
EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER-
PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI-
VIDUALS WITH SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELE-
VANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO
ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED
DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID-
UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN MEDICAL INTERPRETATION
TECHNIQUES, ETHICS AND TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE
REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
A. 661 3
S 4. Subdivision 8 of section 2807 of the public health law is amended
by adding a new paragraph (g) to read as follows:
(G) SUBJECT TO RECEIPT OF ALL NECESSARY FEDERAL APPROVALS, RATES OF
PAYMENT COMPUTED IN ACCORDANCE WITH THIS SUBDIVISION MAY BE FURTHER
ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWENTY OF THIS
SECTION, PROVIDED, HOWEVER, THAT SUCH ADJUSTMENTS SHALL NOT BE SUBJECT
TO TREND ADJUSTMENTS AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
S 5. Subdivision 1 of section 368-a of the social services law is
amended by adding a new paragraph (z-1) to read as follows:
(Z-1) THE FULL AMOUNT EXPENDED FOR INTERPRETATION SERVICES PROVIDED
PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION TWENTY-EIGHT HUNDRED
SEVEN-C OF THE PUBLIC HEALTH LAW, OR SUBPARAGRAPH (III) OF PARAGRAPH (G)
OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE PUBLIC
HEALTH LAW, OR SUBDIVISION TWENTY OF SECTION TWENTY-EIGHT HUNDRED SEVEN
OF THE PUBLIC HEALTH LAW, AFTER FIRST DEDUCTING THEREFROM FEDERAL FUNDS
PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT OF SUCH EXPENDITURES.
S 6. Notwithstanding any provision of law, rule or regulation to the
contrary, the effectiveness of subdivisions 4, 7, 7-a, and 7-b of
section 2807 of the public health law, and section 18 of chapter 2 of
the laws of 1988, as they relate to time frames for notice, approval or
certification of rates of payment, and to the requirement of prior
notice of rates of payment, are hereby suspended and shall for purposes
of implementing the provisions of this act be deemed to have been with-
out any force and effect from and after the first of February for such
rates effective for the period April 1 through March 31 in the initial
year of implementation.
S 7. This act shall take effect immediately and shall apply to: (a)
hospital inpatient discharges on or after the first of April after it
shall have become a law; and (b) other services provided on or after the
first of April after it shall have become a law.