S T A T E O F N E W Y O R K
________________________________________________________________________
7304
2017-2018 Regular Sessions
I N A S S E M B L Y
April 21, 2017
___________
Introduced by M. of A. ORTIZ, RODRIGUEZ, BARRETT -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to funding for free-
standing mental health clinics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 10 of section 2807-p of the public health law,
as added by section 103 of part C of chapter 58 of the laws of 2009, is
amended to read as follows:
10. (a) Notwithstanding any inconsistent provision of this section or
any other contrary provision of law, the commissioner is authorized to
seek a waiver from the federal department of health and human services
pursuant to section eleven hundred fifteen of the federal social securi-
ty act, or such other federal law provision as may be deemed appropri-
ate, seeking federal financial participation in payments made pursuant
to this section, in which case the state funding made available pursuant
to this section shall be utilized as the non-federal share of such
payments. To the extent as may be required, payments made pursuant to
this section and in accordance with this subdivision, may be deemed to
be disproportionate share hospital payments in accordance with the
provisions of the federal social security act.
(b) [If federal financial participation in payments made pursuant to
this section are made available in accordance with the provisions of
this subdivision, free-standing] FREE-STANDING clinics licensed solely
pursuant to article thirty-one of the mental hygiene law shall also be
deemed eligible for participation in such payments to the same degree
and in accordance with the same distribution methodology otherwise
provided in this section, provided, however, that only those units of
service provided by such free-standing clinics that constitute medical
services that are otherwise eligible for consideration for Medicaid
payments shall be reflected in distributions made pursuant to this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04760-01-7
A. 7304 2
section, and further provided, however, that the commissioner may, in
consultation with the commissioner of the office of mental health,
require such clinics, as a condition of receiving such distributions, to
provide reports and data to the department as the commissioner deems
necessary to adequately implement the provisions of this subdivision
with regard to such clinics.
§ 2. This act shall take effect immediately.