S T A T E O F N E W Y O R K ________________________________________________________________________ 907 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Social Services AN ACT to amend the social services law, in relation to amounts payable for medical assistance for items and services provided to eligible persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph (iii) of paragraph (d) of subdivision 1 of 2 section 367-a of the social services law, as amended by section 53 of 3 part C of chapter 58 of the laws of 2008, is amended to read as follows: 4 (iii) When payment under part B of title XVIII of the federal social 5 security act for items and services provided to eligible persons who are 6 also beneficiaries under part B of title XVIII of the federal social 7 security act and for items and services provided to qualified medicare 8 beneficiaries under part B of title XVIII of the federal social security 9 act would exceed the amount that otherwise would be made under this 10 title if provided to an eligible person other than a person who is also 11 a beneficiary under part B or is a qualified medicare beneficiary, the 12 amount payable under this title shall be twenty percent of the amount of 13 any co-insurance liability of such eligible persons pursuant to federal 14 law were they not eligible for medical assistance or were they not qual- 15 ified medicare beneficiaries with respect to such benefits under such 16 part B; provided, however, amounts payable under this title for items 17 and services provided to eligible persons who are also beneficiaries 18 under part B or to qualified medicare beneficiaries by an ambulance 19 service under the authority of an operating certificate issued pursuant 20 to article thirty of the public health law, a psychologist licensed 21 under article one hundred fifty-three of the education law, A NEPHROLO- 22 GIST LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, 23 or a facility under the authority of an operating certificate issued EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02365-01-9 A. 907 2 1 pursuant to article sixteen, thirty-one or thirty-two of the mental 2 hygiene law and with respect to outpatient hospital and clinic items and 3 services provided by a facility under the authority of an operating 4 certificate issued pursuant to article twenty-eight of the public health 5 law, shall not be less than the amount of any co-insurance liability of 6 such eligible persons or such qualified medicare beneficiaries, or for 7 which such eligible persons or such qualified medicare beneficiaries 8 would be liable under federal law were they not eligible for medical 9 assistance or were they not qualified medicare beneficiaries with 10 respect to such benefits under part B. 11 S 2. This act shall take effect immediately.