Bill Text: NY A09102 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides for medicaid reimbursement for ambulance services when treatment in place is administered and/or when transportation is provided to alternative health care settings instead of a general hospital.

Spectrum: Moderate Partisan Bill (Democrat 34-10)

Status: (Introduced) 2024-06-03 - substituted by s8486c [A09102 Detail]

Download: New_York-2023-A09102-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9102--C

                   IN ASSEMBLY

                                    February 7, 2024
                                       ___________

        Introduced by M. of A. KELLES, McDONALD, LUCAS, GUNTHER, HEVESI, THIELE,
          BUTTENSCHON,  LAVINE,  CLARK,  DICKENS, BURDICK, MEEKS, FAHY, EPSTEIN,
          STIRPE, BARRETT, LEVENBERG, WOERNER, BURKE,  JONES,  MANKTELOW,  LUNS-
          FORD,  RA,  SILLITTI,  J. M. GIGLIO,  OTIS, LUPARDO, SHIMSKY, BENDETT,
          DAVILA, SAYEGH, GRAY, SEAWRIGHT, PALMESANO -- read once  and  referred
          to  the  Committee  on  Health  -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported  and referred to the Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  social  services  law,  in relation to Medicaid
          reimbursement for treatment in place and transportation to alternative
          health care settings by ambulance services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The social services law is amended by adding a new section
     2  367-y to read as follows:
     3    § 367-y. Reimbursement for treatment in place  and  transportation  to
     4  alternative  health  care  settings. 1. Notwithstanding any provision of
     5  law  to  the  contrary,  any  provision  of  this  title  providing  for
     6  reimbursement  of  transportation  costs  for an ambulance service shall
     7  also apply where, instead  of  providing  transportation  to  a  general
     8  hospital, such ambulance service when responding to an emergency call:
     9    (a) Administers treatment in place, including but not limited to tele-
    10  health  visits approved by Medicaid for reimbursement when deemed neces-
    11  sary; and/or
    12    (b) Transports an individual to an alternative health care setting.
    13    2. For the purposes of this section, the following  terms  shall  have
    14  the following meanings:
    15    (a)  "Alternative  health care setting" means the following facilities
    16  or institutions approved by Medicaid  for  reimbursement  and  accepting
    17  Medicaid recipients:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14413-09-4
        A. 9102--C                          2

     1    (i)  a  crisis  stabilization center or certified community behavioral
     2  health clinic operating pursuant to article  thirty-six  of  the  mental
     3  hygiene law;
     4    (ii) a facility under section 7.17 of the mental hygiene law;
     5    (iii)  a  facility providing addiction disorder services or behavioral
     6  health services, as such terms are defined by section 1.03 of the mental
     7  hygiene law;
     8    (iv) a diagnostic and treatment center established pursuant to article
     9  twenty-eight of the public health law, or  an  upgraded  diagnostic  and
    10  treatment  center  designated  as  such  pursuant to section twenty-nine
    11  hundred fifty-six of the public health law;
    12    (v) a federally qualified health center; or
    13    (vi) an urgent care center, which for the  purposes  of  this  section
    14  shall  mean  a  facility that provides episodic care related to an acute
    15  illness or minor traumas that are not  life-threatening  or  permanently
    16  disabling.
    17    (b)  "Ambulance  service"  shall  have  the same meaning as defined by
    18  section three thousand one of the public health law.
    19    (c) "General hospital" shall have  the  same  meaning  as  defined  by
    20  section twenty-eight hundred one of the public health law.
    21    (d) "Treatment in place" means the administration of emergency medical
    22  services,  as defined by section three thousand one of the public health
    23  law, by an employee or volunteer of an ambulance service. Such  services
    24  shall be consistent with protocols promulgated pursuant to article thir-
    25  ty of the public health law.
    26    3.  This section shall be effective if, and as long as, federal finan-
    27  cial participation is available therefor.
    28     4. Nothing in this section shall be  deemed  to  allow  a  person  to
    29  provide  any service for which a license, registration, certification or
    30  other authorization under title eight of the education law  is  required
    31  and which the person does not possess.
    32    §  2. This act shall take effect on the first of October next succeed-
    33  ing the date on which it shall have become a law.