S T A T E O F N E W Y O R K
________________________________________________________________________
544
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
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Introduced by M. of A. GUNTHER, COOK -- Multi-Sponsored by -- M. of A.
ENGLEBRIGHT, PEOPLES-STOKES, RIVERA -- read once and referred to the
Committee 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 31 of
part B of chapter 57 of the laws of 2015, is amended to read as follows:
(iii) With respect to items and services provided to eligible persons
who are also beneficiaries under part B of title XVIII of the federal
social security act and items and services provided to qualified medi-
care beneficiaries under part B of title XVIII of the federal social
security act, the amount payable for services covered under this title
shall be 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, but shall not 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 minus the amount payable under
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.
LBD03188-01-7
A. 544 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.
§ 2. This act shall take effect immediately.