Bill Text: NY A09237 | 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 (Democrat 24-5)

Status: (Introduced) 2024-05-14 - reported referred to ways and means [A09237 Detail]

Download: New_York-2023-A09237-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9237

                   IN ASSEMBLY

                                    February 22, 2024
                                       ___________

        Introduced  by M. of A. HEVESI, DINOWITZ, PAULIN, STIRPE, SAYEGH, DeSTE-
          FANO, SMULLEN -- Multi-Sponsored by -- M. of A. AUBRY,  COLTON,  COOK,
          J. M. GIGLIO, GUNTHER, LUPARDO, PALMESANO, PEOPLES-STOKES -- 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 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
    26  fiscal  year  following the state fiscal year in which the provisions of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07602-01-3
        A. 9237                             2

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