Bill Text: NY A05537 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official including emergency medical transportation by an ambulance service certified under article 30 of the public health law; and further authorizes the commissioner of health to establish a reimbursement methodology to ensure providers are reimbursed.

Spectrum: Strong Partisan Bill (Democrat 32-2)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A05537 Detail]

Download: New_York-2013-A05537-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5537
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced by M. of A. GOTTFRIED, JACOBS, DINOWITZ, GABRYSZAK, PAULIN --
         Multi-Sponsored  by  -- M. of A. ABBATE, AUBRY, CAHILL, CLARK, COLTON,
         COOK, CYMBROWITZ, GALEF, GIGLIO,  GUNTHER,  HEASTIE,  HOOPER,  JAFFEE,
         KELLNER,  KOLB,  LIFTON,  V. LOPEZ,  LUPARDO, MAGEE, MILLMAN, MORELLE,
         ORTIZ, PEOPLES-STOKES,  PERRY,  REILICH,  RIVERA,  ROBINSON,  RUSSELL,
         SCHIMMINGER,  SWEENEY,  WEISENBERG  --  read  once and referred to the
         Committee on Health
       AN ACT to amend the social services law, in relation to reimbursement of
         transportation costs for emergency care
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 365-h of the social services law,
    2  as amended by section 20 of part B of chapter 109 of the laws  of  2010,
    3  is amended and a new subdivision 5 is added to read as follows:
    4    1.  The  local social services official and, subject to the provisions
    5  of subdivision four of this section, the commissioner  of  health  shall
    6  have  responsibility  for  prior  authorizing transportation of eligible
    7  persons and for limiting the provision of such transportation  to  those
    8  recipients  and  circumstances  where  such transportation is essential,
    9  medically necessary and appropriate to obtain medical care, services  or
   10  supplies  otherwise available under this title.  HOWEVER, PRIOR AUTHORI-
   11  ZATION SHALL NOT BE REQUIRED  FOR  TRANSPORTATION  TO  OBTAIN  EMERGENCY
   12  CARE, INCLUDING EMERGENCY MEDICAL TRANSPORTATION BY AN AMBULANCE SERVICE
   13  CERTIFIED UNDER ARTICLE THIRTY OF THE PUBLIC HEALTH LAW.
   14    5.  WITH  RESPECT  TO  TRANSPORTATION AND CARE PROVIDED TO AN ELIGIBLE
   15  PERSON BY AN AMBULANCE SERVICE CERTIFIED UNDER  ARTICLE  THIRTY  OF  THE
   16  PUBLIC  HEALTH  LAW,  THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL
   17  ESTABLISH A REIMBURSEMENT METHODOLOGY THAT ENSURES  THAT  PROVIDERS  ARE
   18  REIMBURSED  AT  THE  GREATER OF THE MEDICAL ASSISTANCE RATE IN EFFECT ON
   19  THE EFFECTIVE DATE OF THIS SUBDIVISION, OR THE MEDICARE ALLOWABLE CHARGE
   20  (PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL SECURITY  ACT)  FOR  SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08126-01-3
       A. 5537                             2
    1  TRANSPORTATION  AND  CARE.    THE  AMOUNT  OF  INCREASE IN REIMBURSEMENT
    2  PRODUCED BY THIS METHODOLOGY OVER WHAT WOULD OTHERWISE  HAVE  BEEN  PAID
    3  SHALL  BE  PHASED  IN AS FOLLOWS:  IN THE STATE FISCAL YEAR IN WHICH THE
    4  PROVISIONS  OF  THIS  SUBDIVISION BECOME A LAW, THIRTY-THREE PERCENT; IN
    5  THE FOLLOWING STATE FISCAL YEAR, SIXTY-SIX PERCENT; AND  IN  THE  SECOND
    6  STATE  FISCAL  YEAR  FOLLOWING  THE  STATE  FISCAL  YEAR  IN  WHICH  THE
    7  PROVISIONS OF THIS SUBDIVISION BECOME A LAW AND  ALL  SUBSEQUENT  FISCAL
    8  YEARS, ONE HUNDRED PERCENT.
    9    S  2.  Subdivision  1  of  section 368-a of the social services law is
   10  amended by adding a new paragraph (aa) to read as follows:
   11    (AA) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR ANY
   12  OTHER PROVISION OF LAW TO THE  CONTRARY,  ONE  HUNDRED  PERCENT  OF  THE
   13  AMOUNT  EXPENDED FOR MEDICAL ASSISTANCE UNDER THIS TITLE FOR TRANSPORTA-
   14  TION AND CARE FURNISHED UNDER SUBDIVISION FOUR OF SECTION THREE  HUNDRED
   15  SIXTY-FIVE-H  OF  THIS TITLE ON OR AFTER APRIL FIRST, TWO THOUSAND FOUR-
   16  TEEN,  AFTER  FIRST  DEDUCTING  THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY
   17  RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF.
   18    S  3.  This  act  shall  take  effect April 1, 2014, provided that the
   19  amendments to subdivision 1 of section 365-h of the social services  law
   20  made  by  section one of this act shall not affect the repeal and rever-
   21  sion of such section pursuant to subdivision (a) of section 40 of part B
   22  of chapter 109 of the laws of 2010, as amended.