Bill Text: NY S03223 | 2023-2024 | General Assembly | Introduced

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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; authorizes the commissioner of health to establish a reimbursement methodology to ensure providers are reimbursed.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2024-05-21 - REPORTED AND COMMITTED TO FINANCE [S03223 Detail]

Download: New_York-2023-S03223-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3223

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sen. SANDERS -- 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 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 7 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    7.  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
    21  transportation  and  care.    The  amount  of  increase in reimbursement
    22  produced by this methodology over what would otherwise  have  been  paid
    23  shall  be  phased  in as follows:  in the state fiscal year in which the
    24  provisions of this subdivision become law, thirty-three percent; in  the
    25  following  state fiscal year, sixty-six percent; and in the second state

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07602-01-3
        S. 3223                             2

     1  fiscal year following the state fiscal year in which the  provisions  of
     2  this subdivision become law and all subsequent fiscal years, one hundred
     3  percent.
     4    §  2.  Subdivision  1  of  section 368-a of the social services law is
     5  amended by adding a new paragraph (aa) to read as follows:
     6    (aa) Notwithstanding any inconsistent provision of this chapter or any
     7  other provision of law to the  contrary,  one  hundred  percent  of  the
     8  amount  expended for medical assistance under this title for transporta-
     9  tion and care furnished under subdivision four of section three  hundred
    10  sixty-five-h  of  this title on or after April first, two thousand twen-
    11  ty-four, after first deducting  therefrom  any  federal  funds  properly
    12  received or to be received on account thereof.
    13    §  3. This act shall take effect on the first of April next succeeding
    14  the date on which it shall have become a law, provided that  the  amend-
    15  ments to section 365-h of the social services law made by section one of
    16  this  act  shall  not  affect  the  repeal and reversion of such section
    17  pursuant to subdivision (a) of section 40 of part B of  chapter  109  of
    18  the laws of 2010, as amended.