S T A T E O F N E W Y O R K
________________________________________________________________________
1990
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. CAHILL, ENGLEBRIGHT, PEOPLES-STOKES, SWEENEY,
BOYLAND, KELLNER -- Multi-Sponsored by -- M. of A. CYMBROWITZ, MARKEY,
RIVERA, WEISENBERG -- read once and referred to the Committee on
Health
AN ACT to amend the social services law, in relation to amounts payable
under medical assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 367-a of the
social services law, as amended by section 1 of part J1 of chapter 63 of
the laws of 2003, subparagraph (iii) as amended by section 65 of part H
of chapter 59 of the laws of 2011, is amended to read as follows:
(d) [(i)] Amounts payable under this title for medical assistance for
items and services provided to eligible persons who are also benefici-
aries under part A AND/OR PART B of title XVIII of the federal social
security act and items and services provided to qualified medicare bene-
ficiaries under part A of title XVIII of the federal social security act
shall not be less than the amount of any deductible and co-insurance
liability of such eligible persons 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 such part A
AND/OR SUCH PART B.
[(ii) Amounts payable under this title for medical assistance for
items and services provided to eligible persons who are also benefici-
aries under part B of title XVIII of the federal social security act and
items and services provided to qualified medicare beneficiaries under
part B of title XVIII of the federal social security act shall not be
less than the amount of any deductible liability of such eligible
persons or for which such eligible persons or such qualified medicare
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03617-01-3
A. 1990 2
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 such part B.
(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, or a facility under the authority of an 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 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 benefici-
aries, 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 and shall be deemed to
have been in full force and effect on and after July 1, 2003.