Bill Text: NY S01875 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the department of health to 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 and pre-school children regardless of whether such children have handicapping conditions, are suspected of having handicapping conditions or have an individualized education plan; requires the department of health to apply for all necessary federal approvals regarding such expenditures.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-22 - REPORTED AND COMMITTED TO FINANCE [S01875 Detail]

Download: New_York-2023-S01875-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1875

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. Subdivisions 1  and  3  of  section  368-d  of  the  social
     2  services  law,  as  amended by section 54 of part B of chapter 58 of the
     3  laws of 2009, are amended to read as follows:
     4    1. The department of health shall review claims for expenditures  made
     5  by   or   on   behalf  of  local  public  school  districts,  and  state
     6  operated/state supported  schools  which  operate  pursuant  to  article
     7  eighty-five,  eighty-seven  or  eighty-eight  of  the education law, for
     8  medical care, services and supplies which are furnished to children with
     9  handicapping conditions or such children suspected of  having  handicap-
    10  ping  conditions, as such children are defined in the education law. The
    11  department of health shall also review claims for expenditures for early
    12  and  periodic  screening,  diagnosis  and  treatment  and  other  health
    13  services,  care  and  supplies  which are furnished to eligible children
    14  regardless of whether the children  have  handicapping  conditions,  are
    15  suspected  of  having  handicapping conditions or have an individualized
    16  education plan. If approved by the department, payment for such  medical
    17  care, services and supplies which would otherwise qualify for reimburse-
    18  ment  under  this  title and which are furnished in accordance with this
    19  title and the regulations of the department to such children,  shall  be
    20  made in accordance with the department's approved medical assistance fee
    21  schedules  by  payment  to  such local public school district, and state
    22  operated/state supported  schools  which  operate  pursuant  to  article
    23  eighty-five,  eighty-seven  or  eighty-eight of the education law, which
    24  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

     1    3. The department of health shall  apply  for  all  necessary  federal
     2  approvals to implement the provisions of this section. The provisions of
     3  this  section  shall  be  of  no  force  and effect unless all necessary
     4  approvals under federal law and regulation have been obtained to receive
     5  federal  financial  participation  in  the costs of health care services
     6  provided pursuant to this section.
     7    § 2. Subdivision 1 and the closing paragraph of section 368-e  of  the
     8  social services law, as amended by section 55 of part B of chapter 58 of
     9  the laws of 2009, are amended to read as follows:
    10    1.  The department of health shall review claims for expenditures made
    11  by counties and the city of New York  for  medical  care,  services  and
    12  supplies  which  are  furnished  to preschool children with handicapping
    13  conditions or such preschool children suspected of  having  handicapping
    14  conditions,  as  such  children  are  defined  in the education law. The
    15  department of health shall also review claims for expenditures for early
    16  and  periodic  screening,  diagnosis  and  treatment  and  other  health
    17  services,  care  and supplies which are furnished to eligible pre-school
    18  children regardless of whether the pre-school children have handicapping
    19  conditions, are suspected of having handicapping conditions or  have  an
    20  individualized  education  plan.  If approved by the department, payment
    21  for such medical care, services and supplies which would otherwise qual-
    22  ify for reimbursement under  this  title  and  which  are  furnished  in
    23  accordance with this title and the regulations of the department to such
    24  children,  shall  be  made  in accordance with the department's approved
    25  medical assistance fee schedules by payment to such county or city which
    26  furnished the care, services or supplies either directly or by contract.
    27  Notwithstanding any provisions of law, rule or regulation to the contra-
    28  ry, any clinic or diagnostic and treatment center licensed under article
    29  twenty-eight of the public health law, which as determined by the  state
    30  education  department, in conjunction with the department of health, has
    31  a less than arms length relationship with the  provider  approved  under
    32  section  forty-four  hundred  ten of the education law shall, subject to
    33  the approval of the department and based on standards developed  by  the
    34  department,  be  authorized  to  directly submit such claims for medical
    35  assistance, services or supplies so furnished for any  period  beginning
    36  on  or after July first, nineteen hundred ninety-seven.  The actual full
    37  cost of the individualized  education  program  (IEP)  related  services
    38  incurred  by  the clinic shall be reported on the New York State Consol-
    39  idated Fiscal Report in the education law section forty-four hundred ten
    40  program cost center in which the student is placed  and  the  associated
    41  medical assistance revenue shall be reported in the same manner.
    42    6.  The  department  of  health  shall apply for all necessary federal
    43  approvals to implement the provisions of this section. The provisions of
    44  this section shall be of  no  force  and  effect  unless  all  necessary
    45  approvals under federal law and regulation have been obtained to receive
    46  federal  financial  participation  in  the costs of health care services
    47  provided pursuant to this section.
    48    § 3. This act shall take effect immediately.