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.