S T A T E O F N E W Y O R K
________________________________________________________________________
2008
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Health
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 65 of
part H of chapter 59 of the laws of 2011, 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 for services covered 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 qualified 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 operat-
ing 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 NEPHROLOGIST LICENSED UNDER ARTICLE ONE HUNDRED
THIRTY-ONE OF THE EDUCATION LAW, or a facility under the authority of an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02374-01-3
A. 2008 2
operating certificate issued 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 twen-
ty-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 qual-
ified 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.