Assembly Bill A1928

2023-2024 Legislative Session

Prohibits medical assistance providers from refusing to furnish care, services or supplies to any person for whom Medicaid is secondary insurance

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A1928 (ACTIVE) - Details

See Senate Version of this Bill:
S8885
Current Committee:
Assembly Ways And Means
Law Section:
Social Services Law
Laws Affected:
Amd §366-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10072
2021-2022: A6982

2023-A1928 (ACTIVE) - Summary

Prohibits medical assistance providers from refusing to furnish care, services or supplies to any person who is entitled to receive such care, services or supplies under this title if such medical assistance provider furnishes the same care, services or supplies under the Medicare program pursuant to title XVIII of the federal social security act and the person is dually eligible under that program.

2023-A1928 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1928
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the social services  law,  in  relation  to  prohibiting
   medical  assistance  providers from refusing to furnish care, services
   or supplies to any person  who  is  entitled  to  receive  such  care,
   services  or  supplies  under  Medicaid because benefits payable under
   Medicaid are payable as secondary insurance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and  2  of  section  366-d of the social
 services law, subdivision 1 as added by chapter 41 of the laws  of  1992
 and  subdivision  2  as  amended  by  chapter 2 of the laws of 1998, are
 amended to read as follows:
   1. Definitions. As used in this section, "medical assistance provider"
 means any person,  firm,  partnership,  group,  association,  fiduciary,
 HOSPITAL,  employer  or  representative  thereof  or other entity who is
 furnishing care, services or supplies under THIS title [eleven of  arti-
 cle five of this chapter].
   2.  No medical assistance provider shall:
   (a)    solicit,  receive,  accept  or  agree  to receive or accept any
 payment or other consideration in any form from another  person  to  the
 extent  such payment or other consideration is given: (i) for the refer-
 ral of services for which payment is made under THIS  title  [eleven  of
 article  five  of this chapter]; or (ii) to purchase, lease or order any
 good, facility, service or item for which payment  is  made  under  THIS
 title [eleven of article five of this chapter]; or
   (b)    offer, agree to give or give any payment or other consideration
 in any form to another person  to  the  extent  such  payment  or  other
 consideration  is  given:  (i)  for  the  referral of services for which
 payment is made under THIS title [eleven of article five of  this  chap-
 ter]; or (ii) to purchase, lease or order any good, facility, service or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03363-01-3

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