S T A T E O F N E W Y O R K
________________________________________________________________________
8447--A
I N S E N A T E
January 31, 2024
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Introduced by Sens. HINCHEY, MAY -- read twice and ordered printed, and
when printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, in relation to medicaid
reimbursement for treatment in place and transportation to alternative
health care settings by emergency medical services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
367-y to read as follows:
§ 367-Y. REIMBURSEMENT FOR TREATMENT IN PLACE AND TRANSPORTATION TO
ALTERNATIVE HEALTH CARE SETTINGS. 1. NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, ANY PROVISION OF THIS TITLE PROVIDING FOR
REIMBURSEMENT OF TRANSPORTATION COSTS FOR THE PROVISION OF EMERGENCY
MEDICAL SERVICES OR A COMBINATION OF SUCH SERVICES FOR THE PURPOSES OF
PROVIDING PREHOSPITAL EMERGENCY MEDICAL TREATMENT OR TRANSPORTING SICK
OR INJURED PERSONS SHALL ALSO APPLY WHERE, INSTEAD OF PROVIDING TRANS-
PORTATION TO A GENERAL HOSPITAL, SUCH EMERGENCY MEDICAL SERVICES:
(A) ADMINISTERS TREATMENT IN PLACE; AND/OR
(B) TRANSPORTS AN INDIVIDUAL TO AN ALTERNATIVE HEALTH CARE SETTING
INCLUDING, BUT NOT LIMITED TO, MENTAL HEALTH CRISIS CENTERS AND CRISIS
STABILIZATION CENTERS, SUBSTANCE ABUSE DISORDER CENTERS, URGENT CARES,
FEDERALLY QUALIFIED HEALTH CENTERS, AND DOCTORS OFFICES.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "ALTERNATIVE HEALTH CARE SETTING" MEANS A FACILITY OR INSTITUTION
THAT IS A HOSPITAL, AS DEFINED BY SECTION TWENTY-EIGHT HUNDRED ONE OF
THE PUBLIC HEALTH LAW, EXCEPT THAT FOR THE PURPOSES OF THIS SECTION,
SUCH TERM SHALL NOT INCLUDE A GENERAL HOSPITAL.
(B) "EMERGENCY MEDICAL SERVICE" SHALL HAVE THE SAME MEANING AS DEFINED
BY SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW.
(C) "GENERAL HOSPITAL" SHALL HAVE THE SAME MEANING AS DEFINED BY
SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13297-05-4
S. 8447--A 2
(D) "TREATMENT IN PLACE" MEANS THE ADMINISTRATION OF EMERGENCY MEDICAL
SERVICES, AS DEFINED BY SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH
LAW, BY AN EMPLOYEE OR VOLUNTEER OF AN AMBULANCE SERVICE OR AN EMERGENCY
MEDICAL SERVICE.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.