S T A T E O F N E W Y O R K
________________________________________________________________________
9884
I N A S S E M B L Y
April 19, 2022
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to an ambulance
service assessment fee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3033 to read as follows:
§ 3033. AMBULANCE SERVICE ASSESSMENT. 1. THE DEPARTMENT SHALL CHARGE
EVERY AMBULANCE SERVICE A UNIFORM AMBULANCE ASSESSMENT FEE, PROVIDED
THAT THE FEE SHALL NOT APPLY TO ANY MUNICIPAL FIRE DEPARTMENT, POLICE
DEPARTMENT, OR OTHER GOVERNMENT ENTITY THAT PROVIDES EMERGENCY MEDICAL
SERVICES, ANY AMBULANCE SERVICE THAT EXCLUSIVELY PROVIDES EMERGENCY
MEDICAL CARE BY AIRCRAFT, OR ANY PROVIDER REQUIRED TO PAY AN ASSESSMENT
ON AMBULANCE SERVICE REVENUE UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
2. THE UNIFORM ASSESSMENT FEE SHALL BE ASSESSED ON EACH AMBULANCE
SERVICE COVERED UNDER THIS SECTION AT A RATE OF AT LEAST FIVE AND THREE-
QUARTERS PERCENT OF A COVERED AMBULANCE SERVICE'S ANNUAL REVENUE,
PROVIDED HOWEVER THAT IT SHALL BE NO GREATER THAN THE MAXIMUM LIMIT
ALLOWABLE UNDER 42 C.F.R. 433.68(F). THE DEPARTMENT SHALL SET AND
IMPLEMENT SUCH FEES USING THE BEST DATA AVAILABLE IN CONSULTATION WITH
STAKEHOLDERS, AND SHALL UPDATE SUCH FEES ON A PERIODIC BASIS BUT AT
LEAST ANNUALLY.
3. ALL FEES COLLECTED UNDER THIS SECTION SHALL BE EXPENDED IN A TIME-
LY MANNER AND SOLELY FOR PURPOSES OF INCREASING MEDICAL ASSISTANCE
PAYMENT RATES FOR AMBULANCE SERVICES AND SHALL NOT BE USED TO REDUCE OR
REPLACE OTHER PAYMENT COMMITMENTS BY THE STATE.
4. FEES COLLECTED UNDER THIS SECTION SHALL BE HELD IN A FUND ADMINIS-
TERED BY THE DEPARTMENT. SUCH FUND SHALL INCLUDE:
(A) ALL REVENUES GENERATED BY THE FEE;
(B) ALL FUNDS GENERATED BY INCREASED FEDERAL FINANCIAL PARTICIPATION
FROM INCREASES TO THE MEDICAL ASSISTANCE PAYMENT RATE;
(C) ANY OTHER REVENUE AUTHORIZED FOR AND SPECIFICALLY DESIGNATED TO
THE FUND; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15054-01-2
A. 9884 2
(D) INTEREST EARNED ON ANY MONEY IN THE FUND.
5. THE DEPARTMENT MAY IMPOSE PENALTIES FOR ANY AMBULANCE SERVICE THAT
FAILS TO PAY THE FEE WITHIN THE TIME REQUIRED BY THE DEPARTMENT.
6. FEES UNDER THIS SECTION SHALL BE COLLECTED ONLY IF FEDERAL FINAN-
CIAL PARTICIPATION IS AVAILABLE FOR EXPENDITURES INCURRED UNDER THIS
SECTION. ANY FEES COLLECTED BUT NOT EXPENDED IN A FISCAL YEAR SHALL
REMAIN AVAILABLE FOR EXPENDITURE IN SUBSEQUENT FISCAL YEARS. THE
DEPARTMENT SHALL SUBMIT ALL NECESSARY DOCUMENTATION FOR FEDERAL APPROVAL
OF THIS PROGRAM, INCLUDING AMENDMENTS TO THE STATE PLAN UNDER TITLE XIX
OF THE FEDERAL SOCIAL SECURITY ACT, NECESSARY TO IMPLEMENT THIS SECTION
IN A TIMELY MANNER.
§ 2. This act shall take effect immediately.