S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1875
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens. BROUK, GOUNARDES, RIVERA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in  relation  to  reimbursement
   for early and periodic screening, diagnosis and treatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1  and  3  of  section  368-d  of  the  social
 services  law,  as  amended by section 54 of part B of chapter 58 of the
 laws of 2009, are amended to read as follows:
   1. The department of health shall review claims for expenditures  made
 by   or   on   behalf  of  local  public  school  districts,  and  state
 operated/state supported  schools  which  operate  pursuant  to  article
 eighty-five,  eighty-seven  or  eighty-eight  of  the education law, for
 medical care, services and supplies which are furnished to children with
 handicapping conditions or such children suspected of  having  handicap-
 ping  conditions, as such children are defined in the education law. THE
 DEPARTMENT OF HEALTH SHALL ALSO REVIEW CLAIMS FOR EXPENDITURES FOR EARLY
 AND  PERIODIC  SCREENING,  DIAGNOSIS  AND  TREATMENT  AND  OTHER  HEALTH
 SERVICES,  CARE  AND  SUPPLIES  WHICH ARE FURNISHED TO ELIGIBLE CHILDREN
 REGARDLESS OF WHETHER THE CHILDREN  HAVE  HANDICAPPING  CONDITIONS,  ARE
 SUSPECTED  OF  HAVING  HANDICAPPING CONDITIONS OR HAVE AN INDIVIDUALIZED
 EDUCATION PLAN. If approved by the department, payment for such  medical
 care, services and supplies which would otherwise qualify for reimburse-
 ment  under  this  title and which are furnished in accordance with this
 title and the regulations of the department to such children,  shall  be
 made in accordance with the department's approved medical assistance fee
 schedules  by  payment  to  such local public school district, and state
 operated/state supported  schools  which  operate  pursuant  to  article
 eighty-five,  eighty-seven  or  eighty-eight of the education law, which
 furnished the care, services or supplies either directly or by contract.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04561-01-3
 S. 1875                             2
              

 
   3. THE DEPARTMENT OF HEALTH SHALL  APPLY  FOR  ALL  NECESSARY  FEDERAL
 APPROVALS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. The provisions of
 this  section  shall  be  of  no  force  and effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal  financial  participation  in  the costs of health care services
 provided pursuant to this section.
   § 2. Subdivision 1 and the closing paragraph of section 368-e  of  the
 social services law, as amended by section 55 of part B of chapter 58 of
 the laws of 2009, are amended to read as follows:
   1.  The department of health shall review claims for expenditures made
 by counties and the city of New York  for  medical  care,  services  and
 supplies  which  are  furnished  to preschool children with handicapping
 conditions or such preschool children suspected of  having  handicapping
 conditions,  as  such  children  are  defined  in the education law. THE
 DEPARTMENT OF HEALTH SHALL ALSO REVIEW CLAIMS FOR EXPENDITURES FOR EARLY
 AND  PERIODIC  SCREENING,  DIAGNOSIS  AND  TREATMENT  AND  OTHER  HEALTH
 SERVICES,  CARE  AND SUPPLIES WHICH ARE FURNISHED TO ELIGIBLE PRE-SCHOOL
 CHILDREN REGARDLESS OF WHETHER THE PRE-SCHOOL CHILDREN HAVE HANDICAPPING
 CONDITIONS, ARE SUSPECTED OF HAVING HANDICAPPING CONDITIONS OR  HAVE  AN
 INDIVIDUALIZED  EDUCATION  PLAN.  If approved by the department, payment
 for such medical care, services and supplies which would otherwise qual-
 ify for reimbursement under  this  title  and  which  are  furnished  in
 accordance with this title and the regulations of the department to such
 children,  shall  be  made  in accordance with the department's approved
 medical assistance fee schedules by payment to such county or city which
 furnished the care, services or supplies either directly or by contract.
 Notwithstanding any provisions of law, rule or regulation to the contra-
 ry, any clinic or diagnostic and treatment center licensed under article
 twenty-eight of the public health law, which as determined by the  state
 education  department, in conjunction with the department of health, has
 a less than arms length relationship with the  provider  approved  under
 section  forty-four  hundred  ten of the education law shall, subject to
 the approval of the department and based on standards developed  by  the
 department,  be  authorized  to  directly submit such claims for medical
 assistance, services or supplies so furnished for any  period  beginning
 on  or after July first, nineteen hundred ninety-seven.  The actual full
 cost of the individualized  education  program  (IEP)  related  services
 incurred  by  the clinic shall be reported on the New York State Consol-
 idated Fiscal Report in the education law section forty-four hundred ten
 program cost center in which the student is placed  and  the  associated
 medical assistance revenue shall be reported in the same manner.
   6.  THE  DEPARTMENT  OF  HEALTH  SHALL APPLY FOR ALL NECESSARY FEDERAL
 APPROVALS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. The provisions of
 this section shall be of  no  force  and  effect  unless  all  necessary
 approvals under federal law and regulation have been obtained to receive
 federal  financial  participation  in  the costs of health care services
 provided pursuant to this section.
   § 3. This act shall take effect immediately.