Bill Text: NY A02789 | 2019-2020 | 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; and further authorizes the commissioner of health to establish a reimbursement methodology to ensure providers are reimbursed.

Spectrum: Moderate Partisan Bill (Democrat 23-6)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A02789 Detail]

Download: New_York-2019-A02789-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2789
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 25, 2019
                                       ___________
        Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, PAULIN, ABINANTI, D'URSO,
          STIRPE -- Multi-Sponsored by  --  M.  of  A.  ABBATE,  AUBRY,  CAHILL,
          COLTON,  COOK,  CYMBROWITZ,  GALEF,  GIGLIO,  GUNTHER,  JAFFEE,  KOLB,
          LIFTON, LUPARDO,  ORTIZ,  PALMESANO,  PEOPLES-STOKES,  PERRY,  RIVERA,
          SCHIMMINGER -- 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 6 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    6. 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03445-01-9
        A. 2789                             2
     1  shall be phased in as follows:  in the state fiscal year  in  which  the
     2  provisions  of this subdivision become law, thirty-three percent; in the
     3  following state fiscal year, sixty-six percent; and in the second  state
     4  fiscal  year  following the state fiscal year in which the provisions of
     5  this subdivision become law and all subsequent fiscal years, one hundred
     6  percent.
     7    § 2. Subdivision 1 of section 368-a of  the  social  services  law  is
     8  amended by adding a new paragraph (aa) to read as follows:
     9    (aa) Notwithstanding any inconsistent provision of this chapter or any
    10  other  provision  of  law  to  the  contrary, one hundred percent of the
    11  amount expended for medical assistance under this title for  transporta-
    12  tion  and care furnished under subdivision four of section three hundred
    13  sixty-five-h of this title on or after April first, two  thousand  twen-
    14  ty-one,  after  first  deducting  therefrom  any  federal funds properly
    15  received or to be received on account thereof.
    16    § 3. This act shall take effect  April  1,  2021,  provided  that  the
    17  amendments  to  section 365-h of the social services law made by section
    18  one of this act shall not  affect  the  repeal  and  reversion  of  such
    19  section  pursuant  to subdivision (a) of section 40 of part B of chapter
    20  109 of the laws of 2010, as amended.