A2340A-2011 Actions

• Jan 12, 2012: print number 2340a
• Jan 12, 2012: amend and recommit to health
• Jan 4, 2012: referred to health
• Jan 18, 2011: referred to health

A2340A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2340--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 18, 2011
 
 Introduced  by  M. of A. SCHIMMINGER, GABRYSZAK -- Multi-Sponsored by -
 M. of A.  GIGLIO, HAWLEY, HOOPER, MAGEE, J. RIVERA --  read  once  and
 referred to the Committee on Health -- recommitted to the Committee on
 Health  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the social services law, in relation  to  the  character
 and  adequacy  of  Medicaid  assistance and to repeal paragraph (n) of
 subdivision 2 of section 365-a of the social services law relating  to
 the care and services of audiologists
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph (a) of subdivision 2  of  section  365-a  of  the
 social  services  law,  as amended by chapter 47 of the laws of 1996, is
 amended to read as follows:

 (a) services of qualified physicians, [dentists, nurses,  and  private
 duty  nursing  services  shall  be  further subject to the provisions of
 section three hundred  sixty-seven-o  of  this  chapter,]  optometrists,
 NURSE  MIDWIVES,  NURSE  PRACTITIONERS,  and  other related professional
 personnel;
 

S 2. Paragraph (f) of subdivision 2 of section  365-a  of  the  social
 services  law, as added by chapter 184 of the laws of 1969 and as relet
 tered by chapter 478 of the laws of 1980, is amended to read as follows:

 (f) preventive, prophylactic and other routine dental  care,  services
 and  supplies  ONLY  WHEN  PROVIDED  IN  A HOSPITAL OUTPATIENT OR CLINIC
 FACILITY REFERRED TO IN PARAGRAPH (C) OF THIS SUBDIVISION;
 

S 3. Paragraph (g) of subdivision 2 of section  365-a  of  the  social
 services  law,  as  amended by section 23 of part H of chapter 59 of the
 laws of 2011, is amended to read as follows:

 (g) sickroom supplies,  eyeglasses,  AND  prosthetic  appliances  [and
 dental  prosthetic  appliances]  furnished  in accordance with the regu
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02430-03-2
 
       A. 2340--A                          2
 lations of the department; provided further that: (i)  the  commissioner
 of health is authorized to implement a preferred diabetic supply program
 wherein  the  department  of  health  will receive enhanced rebates from
 preferred  manufacturers of glucometers and test strips, and may subject
 non-preferred  manufacturers'  glucometers  and  test  strips  to  prior
 authorization  under  section  two  hundred  seventy-three of the public
 health law; (ii) enteral formula therapy and nutritional supplements are
 limited to coverage only for nasogastric,  jejunostomy,  or  gastrostomy
 tube  feeding  or  for  treatment of an inborn metabolic disorder, or to
 address growth and development problems in children; (iii)  prescription
 footwear  and inserts are limited to coverage only when used as an inte
 gral part of a lower limb orthotic appliance,  as  part  of  a  diabetic
 treatment  plan,  or to address growth and development problems in chil
 dren; [and] (iv) compression and support stockings are limited to cover
 age only for pregnancy or treatment of venous stasis ulcers; AND (V) THE
 COMMISSIONER OF HEALTH IS AUTHORIZED TO REQUIRE PRIOR  APPROVAL  OF  ANY
 PRESCRIPTION  DRUG  THAT  IS PRESCRIBED FOR A RESIDENT OF A NURSING HOME
 AND THAT IS NOT REIMBURSED AS PART OF THE NURSING HOME'S MEDICAID RATE;
 

S 4. Paragraph (l) of subdivision 2 of section  365-a  of  the  social
 services  law,  as amended by chapter 81 of the laws of 1995, is amended
 to read as follows:

 (l) care and services of podiatrists, CLINICAL  PSYCHOLOGISTS,  NURSES
 AND  AUDIOLOGISTS, INCLUDING SUCH CARE AND SERVICES PROVIDED IN A HOSPI
 TAL OUT-PATIENT OR CLINIC FACILITY REFERRED TO IN PARAGRAPH (C) OF  THIS
 SUBDIVISION,  AND  DENTISTS,  which  care  and  services  shall  only be
 provided upon referral by a physician, nurse practitioner  or  certified
 nurse  midwife  in  accordance  with  the  program of early and periodic
 screening and diagnosis established pursuant  to  subdivision  three  of
 this  section  or  to persons eligible for benefits under title XVIII of
 the federal social security act as qualified medicare  beneficiaries  in
 accordance  with  federal requirements therefor [and private duty nurses
 which care and services shall only be provided in accordance with  regu-
 lations  of  the  department  of health; provided, however, that private
 duty nursing services shall not be restricted  when  such  services  are
 more  appropriate and cost-effective than nursing services provided by a
 home health agency pursuant to section three hundred sixty-seven-l];
 

S 5. Paragraph (n) of subdivision 2 of section  365-a  of  the  social
 services law, as added by chapter 556 of the laws of 1986, is REPEALED.
 

S  6.  The commissioner of health is authorized to promulgate or adopt
 any rules or regulations necessary to implement the provisions  of  this
 act and any procedures, forms, or instructions necessary for such imple
 mentation  may  be  adopted and issued on or after the effective date of
 this act. Notwithstanding any inconsistent provision of the state admin
 istrative procedure act or any other provision of  law,  rule  or  regu
 lation,  the  commissioner of health and the superintendent of insurance
 and any appropriate council is authorized to adopt or amend  or  promul
 gate  on  an  emergency  basis  any regulation he or she or such council
 determines necessary to implement any  provision  of  this  act  on  its
 effective date.
 

S 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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