Bill Text: NY A09298 | 2021-2022 | General Assembly | Amended

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Bill Title: Authorizes and directs the commissioner of health to establish a portable diagnostics program that demonstrates the cost-effectiveness of medical assistance coverage of portable diagnostic services.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Vetoed) 2022-11-23 - tabled [A09298 Detail]

Download: New_York-2021-A09298-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9298--A

                   IN ASSEMBLY

                                    February 23, 2022
                                       ___________

        Introduced  by  M.  of A. McDONALD, GUNTHER -- read once and referred to
          the Committee on Health -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to authorize and direct the commissioner of health to establish a
          portable diagnostics program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Notwithstanding any inconsistent provision of law, rule or
     2  regulation to the contrary, (a) the commissioner of health is authorized
     3  and directed to establish a portable  diagnostics  program  that  demon-
     4  strates  the  cost-effectiveness of medical assistance coverage of port-
     5  able diagnostic services, including X-rays, electrocardiograms, echocar-
     6  diograms and ultrasounds,  provided  to  medical  assistance  recipients
     7  enrolled  in  both  fee-for-service  Medicaid and Medicaid managed care.
     8  Such services shall include those allowable and or provided by  portable
     9  diagnostic  providers  as  authorized by title 42 of the code of federal
    10  regulations. Portable X-ray providers participating in the program shall
    11  be certified to participate under Title  XVIII  of  the  Federal  Social
    12  Security Act. Medical services shall be limited to those allowable under
    13  Title  XVIII  of  the  Federal  Social  Security  Act. Services shall be
    14  provided, as medically necessary, in setting locations as authorized  by
    15  Title XVIII of the Federal Social Security Act.
    16    (b)  The  commissioner  of  health is authorized to reimburse portable
    17  diagnostics at the medicare fee schedule by current procedural terminol-
    18  ogy codes,  transportation  codes,  and  set-up  codes.  Such  rates  of
    19  reimbursement  shall  apply  to Medicaid recipients enrolled in fee-for-
    20  service Medicaid, Medicaid managed care, and Medicaid managed  long-term
    21  care.
    22    (c)  The  department  of health is hereby directed to analyze relevant
    23  data and report to the legislature by December  31,  2024.  Such  report
    24  shall  include  a  cost  comparison  of  portable diagnostics, including
    25  X-rays, electrocardiograms, echocardiograms and ultrasounds, provided in
    26  an authorized portable diagnostic setting compared to the same procedure
    27  in a hospital, urgent care and emergency room setting.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14316-05-2