Bill Text: NY A00118 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to amounts payable under medical assistance; insures access to essential health care services and supplies by elderly and disabled individuals who are dually eligible for Medicaid and Medicare.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2011-01-05 - referred to social services [A00118 Detail]
Download: New_York-2009-A00118-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
118
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. CAHILL, ENGLEBRIGHT, DESTITO, P. RIVERA, CANES-
TRARI, PEOPLES-STOKES, SWEENEY, BOYLAND, KELLNER -- Multi-Sponsored by
-- M. of A. CYMBROWITZ, MARKEY, PHEFFER, J. RIVERA, WEISENBERG -- read
once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to amounts payable
under medical assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (d) of subdivision 1 of section 367-a of the
2 social services law, as amended by section 1 of part J1 of chapter 63 of
3 the laws of 2003, subparagraph (iii) as amended by section 53 of part C
4 of chapter 58 of the laws of 2008, is amended to read as follows:
5 (d) [(i)] Amounts payable under this title for medical assistance for
6 items and services provided to eligible persons who are also benefici-
7 aries under part A AND/OR PART B of title XVIII of the federal social
8 security act and items and services provided to qualified medicare bene-
9 ficiaries under part A of title XVIII of the federal social security act
10 shall not be less than the amount of any deductible and co-insurance
11 liability of such eligible persons or for which such eligible persons or
12 such qualified medicare beneficiaries would be liable under federal law
13 were they not eligible for medical assistance or were they not qualified
14 medicare beneficiaries with respect to such benefits under such part A
15 AND/OR SUCH PART B.
16 [(ii) Amounts payable under this title for medical assistance for
17 items and services provided to eligible persons who are also benefici-
18 aries under part B of title XVIII of the federal social security act and
19 items and services provided to qualified medicare beneficiaries under
20 part B of title XVIII of the federal social security act shall not be
21 less than the amount of any deductible liability of such eligible
22 persons or for which such eligible persons or such qualified medicare
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00780-01-1
A. 118 2
1 beneficiaries would be liable under federal law were they not eligible
2 for medical assistance or were they not qualified medicare beneficiaries
3 with respect to such benefits under such part B.
4 (iii) When payment under part B of title XVIII of the federal social
5 security act for items and services provided to eligible persons who are
6 also beneficiaries under part B of title XVIII of the federal social
7 security act and for items and services provided to qualified medicare
8 beneficiaries under part B of title XVIII of the federal social security
9 act would exceed the amount that otherwise would be made under this
10 title if provided to an eligible person other than a person who is also
11 a beneficiary under part B or is a qualified medicare beneficiary, the
12 amount payable under this title shall be twenty percent of the amount of
13 any co-insurance liability of such eligible persons pursuant to federal
14 law were they not eligible for medical assistance or were they not qual-
15 ified medicare beneficiaries with respect to such benefits under such
16 part B; provided, however, amounts payable under this title for items
17 and services provided to eligible persons who are also beneficiaries
18 under part B or to qualified medicare beneficiaries by an ambulance
19 service under the authority of an operating certificate issued pursuant
20 to article thirty of the public health law, a psychologist licensed
21 under article one hundred fifty-three of the education law, or a facili-
22 ty under the authority of an operating certificate issued pursuant to
23 article sixteen, thirty-one or thirty-two of the mental hygiene law and
24 with respect to outpatient hospital and clinic items and services
25 provided by a facility under the authority of an operating certificate
26 issued pursuant to article twenty-eight of the public health law, shall
27 not be less than the amount of any co-insurance liability of such eligi-
28 ble persons or such qualified medicare beneficiaries, or for which such
29 eligible persons or such qualified medicare beneficiaries would be
30 liable under federal law were they not eligible for medical assistance
31 or were they not qualified medicare beneficiaries with respect to such
32 benefits under part B.]
33 S 2. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after July 1, 2003.
