Sponsor:
DUANE
Co-sponsor(s): ESPADA, BRESLIN, DILAN, JOHNSON C, MONSERRATE, ONORATO, OPPENHEIMER, PARKER, PERKINS, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY, HASSELL-THOMPSON
Committee: HEALTH
Law Section: Public Health Law
Co-sponsor(s): ESPADA, BRESLIN, DILAN, JOHNSON C, MONSERRATE, ONORATO, OPPENHEIMER, PARKER, PERKINS, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY, HASSELL-THOMPSON
Committee: HEALTH
Law Section: Public Health Law
S3740A Summary
Provides Medicaid reimbursement for interpretation services provided by hospital inpatient, outpatient and emergency department settings and in diagnostic treatment centers; provides further that time frames for notice, approval or certification of rates of payment and to the requirement of prior notice of rates of payment are suspended deemed without any force and effect from and after February 1, for such rates effective for the period April 1 through March 31 in the initial year of implementation.S3740A Actions
S3740B - REPORTED AND COMMITTED TO FINANCE - Feb 2, 2010S3740B - AMEND AND RECOMMIT TO HEALTH - Jan 26, 2010
S3740B - PRINT NUMBER 3740B - Jan 26, 2010
S3740B - REFERRED TO HEALTH - Jan 6, 2010
S3740A - REPORTED AND COMMITTED TO FINANCE - May 5, 2009
S3740A - AMEND AND RECOMMIT TO HEALTH - Apr 30, 2009
S3740A - PRINT NUMBER 3740A - Apr 30, 2009
S3740A - REFERRED TO HEALTH - Mar 30, 2009
S3740A Memo
BILL NUMBER: S3740A REVISED 04/29/09
TITLE OF BILL : An act to amend the public health law and the social services law, in relation to providing Medicaid reimbursement for interpretation services provided by hospital inpatient and outpatient departments and diagnostic and treatment centers
PURPOSE : This bill would provide for Medical Assistance reimbursement of the costs associated with language interpretation services for patients in hospital inpatient, outpatient, and emergency department settings and in diagnostic and treatment centers.
SUMMARY OF PROVISIONS : ? 1. This section requires an adjustment to Medical Assistance rates of payment for inpatient services to provide reimbursement for the costs of interpretation services for patients with limited English proficiency and defines "limited English proficiency" and "interpretation services". ?2. This section requires an adjustment to Medical Assistance rates of payment for hospital outpatient and emergency services to provide reimbursement for the costs of interpretation services for patients with limited English proficiency and defines "limited English proficiency" and "interpretation services". ?3. This section requires an adjustment to Medical Assistance rates of payment for diagnostic and treatment centers to provide reimbursement for the costs of interpretation services for patients with limited English proficiency. This section also defines "limited English proficiency" and "interpretation services". ?4. This section provides for the adjustment in rates of payment for interpretation services in the context of the prospective payment system for federally-qualified health centers. ? 5. This section provides for the State to pick up the entire non-Federal cost of interpretation services to Medical Assistance recipients.
?6. This section suspends rate adjustment notice requirements. ?7. This section provides for an effective date of the first day of April after enactment.
JUSTIFICATION : Federal, State and New York City laws require health care providers to make language assistance services available to their patients with limited English proficiency ("LEP patients"). Federal matching funds are available to states that opt to provide reimbursement or these services under Medicaid. Five states have already established mechanisms to obtain federal matching funds for language assistance services. This bill would enable New York to take advantage of these federal Medicaid funds for the provision of language assistance to LEP patients.
In light of the diversity of New York's population, these funds are essential to ensure access to appropriate health care services for all Medicaid beneficiaries. There are approximately 4.2 million foreign-born New Yorkers, and New York ranks fourth among all states in terms of the percentage of its population that speaks a language other than English. Absent adequate interpretation services, many of these New Yorkers face barriers to health care that can lead to negative health outcomes. Language barriers have been shown to prevent LEP patients from accessing care, particularly primary and preventive care. Even when an individual does seek care, the use of inexperienced interpreters, such as children or other family members, can have severe health consequences including missed diagnoses, unnecessary surgeries and improper use of medication. Failure to seek primary and preventive care, and the medical errors that result from faulty interpretation, have serious and expensive consequences for the State and its residents.
LEGISLATIVE HISTORY :
2003-04: A.8049 reported to Ways and Means
2005-06: A.10222 reported to Ways and Means
2007-08: A.6288 reported to Ways and Means; S.7059 (Sabini) referred to Health
FISCAL IMPLICATIONS : To be determined.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately, with conditions.
S3740A Text
S T A T E O F N E W Y O R K3740--A
2009-2010 Regular Sessions I N SENATE March 30, 2009
Introduced by Sens. DUANE, ESPADA, DILAN, C. JOHNSON, ONORATO, OPPEN HEIMER, PARKER, PERKINS, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit tee
AN ACT to amend the public health law and the social services law, in relation to providing Medicaid reimbursement for interpretation services provided by hospital inpatient and outpatient departments and diagnostic and treatment centers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1.
Section 2807-c of the public health law is amended by adding a new subdivision 34 to read as follows:
34. INTERPRETATION SERVICES. (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION, THE COMMISSIONER SHALL ADJUST INPATIENT MEDICAL ASSISTANCE RATES OF PAYMENT TO PROVIDE REIMBURSEMENT FOR THE COSTS ASSOCIATED WITH THE PROVISION OF INTERPRETATION SERVICES FOR PATIENTS IN RECEIPT OF MEDICAL ASSISTANCE WHO HAVE LIMITED ENGLISH PROFICIENCY, INCLUDING BUT NOT LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINTMENTS. TO BE ELIGIBLE FOR REIMBURSEMENT, THE PROVISION OF INTERPRETATION SERVICES MUST BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT BY THE COMMISSIONER. (B) FOR PURPOSES OF THIS SUBDIVISION: (I) "PATIENTS WITH LIMITED ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTERACT EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI VIDUALS WITH SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELE VANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02579-04-9
S. 3740--A 2 ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN MEDICAL INTERPRETATION TECHNIQUES, ETHICS AND TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
S 2. Paragraph (g) of subdivision 2 of section 2807 of the public health law is amended by adding a new subparagraph (iii) to read as follows:
(III) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, (A) THE COMMISSIONER SHALL FURTHER ADJUST RATES OF PAYMENT FOR GENERAL HOSPITAL OUTPATIENT AND EMERGENCY SERVICES TO PROVIDE REIMBURSEMENT FOR THE COSTS ASSOCIATED WITH THE PROVISION OF INTERPRETATION SERVICES FOR PATIENTS IN RECEIPT OF MEDICAL ASSISTANCE WHO HAVE LIMITED ENGLISH PROFICIENCY, INCLUDING BUT NOT LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINTMENTS. TO BE ELIGIBLE FOR REIMBURSEMENT, THE PROVISION OF INTERPRETATION SERVICES MUST BE DOCU MENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT BY THE COMMISSIONER. (B) FOR THE PURPOSES OF THIS SUBPARAGRAPH: (1) "PATIENTS WITH LIMITED ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTER ACT EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (2) "INTERPRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDIVIDUALS WITH SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELEVANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN MEDICAL INTERPRETATION TECHNIQUES, ETHICS AND TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
S 3.
Section 2807 of the public health law is amended by adding a new subdivision 20 to read as follows:
20. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, (A) THE COMMISSION ER SHALL ADJUST RATES OF PAYMENT FOR DIAGNOSTIC AND TREATMENT CENTERS LICENSED PURSUANT TO THIS ARTICLE TO PROVIDE REIMBURSEMENT FOR THE COSTS ASSOCIATED WITH THE PROVISION OF INTERPRETATION SERVICES FOR PATIENTS IN RECEIPT OF MEDICAL ASSISTANCE WHO HAVE LIMITED ENGLISH PROFICIENCY, INCLUDING BUT NOT LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINT MENTS. TO BE ELIGIBLE FOR REIMBURSEMENT, THE PROVISION OF INTERPRETATION SERVICES MUST BE DOCUMENTED IN SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT BY THE COMMISSIONER. (B) FOR THE PURPOSES OF THIS SUBDIVISION: (I) "PATIENTS WITH LIMITED ENGLISH PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO INTERACT EFFECTIVELY WITH HEALTH CARE PROVIDERS AND THEIR STAFF; AND (II) "INTER PRETATION SERVICES" MEANS LANGUAGE ASSISTANCE SERVICES PROVIDED BY INDI VIDUALS WITH SUFFICIENT BILINGUAL SKILLS IN BOTH ENGLISH AND THE RELE VANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO ACCESS SERVICES AND, IN THE CASE OF INTERPRETATION SERVICES PROVIDED DURING THE COURSE OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVID UALS WITH DEMONSTRATED COMPETENCY AND SKILLS IN MEDICAL INTERPRETATION TECHNIQUES, ETHICS AND TERMINOLOGY, AND IN ACCORDANCE WITH APPLICABLE REGULATIONS OF THE DEPARTMENT RELATING TO INTERPRETATION SERVICES.
S 4. Subdivision 8 of section 2807 of the public health law is amended by adding a new paragraph (g) to read as follows:
S. 3740--A 3 (G) SUBJECT TO RECEIPT OF ALL NECESSARY FEDERAL APPROVALS, RATES OF PAYMENT COMPUTED IN ACCORDANCE WITH THIS SUBDIVISION MAY BE FURTHER ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWENTY OF THIS SECTION, PROVIDED, HOWEVER, THAT SUCH ADJUSTMENTS SHALL NOT BE SUBJECT TO TREND ADJUSTMENTS AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
S 5. Subdivision 1 of section 368-a of the social services law is amended by adding a new paragraph (z) to read as follows:
(Z) THE FULL AMOUNT EXPENDED FOR INTERPRETATION SERVICES PROVIDED PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION TWENTY-EIGHT HUNDRED SEVEN-C OF THE PUBLIC HEALTH LAW, OR SUBPARAGRAPH (III) OF PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE PUBLIC HEALTH LAW, OR SUBDIVISION TWENTY OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE PUBLIC HEALTH LAW, AFTER FIRST DEDUCTING THEREFROM FEDERAL FUNDS PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT OF SUCH EXPENDITURES.
S 6. Notwithstanding any provision of law, rule or regulation to the contrary, the effectiveness of subdivisions 4, 7, 7-a, and 7-b of section 2807 of the public health law, and section 18 of chapter 2 of the laws of 1988, as they relate to time frames for notice, approval or certification of rates of payment, and to the requirement of prior notice of rates of payment, are hereby suspended and shall for purposes of implementing the provisions of this act be deemed to have been with out any force and effect from and after the first of February for such rates effective for the period April 1 through March 31 in the initial year of implementation.
S 7. This act shall take effect immediately and shall apply to: (a) hospital inpatient discharges on or after the first of April after it shall have become a law; and (b) other services provided on or after the first of April after it shall have become a law.
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