S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1512--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. GOTTFRIED, DINOWITZ, PAULIN -- Multi-Sponsored by
  --  M.  of A.  ABBATE, AUBRY, CAHILL, CLARK, COLTON, COOK, CYMBROWITZ,
  GALEF, GIGLIO, GUNTHER, HOOPER, JAFFEE, KOLB, LIFTON, LUPARDO,  MAGEE,
  McDONALD,  MORELLE,  ORTIZ,  PEOPLES-STOKES,  PERRY, RIVERA, ROBINSON,
  RUSSELL, SCHIMMINGER -- 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 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:

  Section  1. Subdivision 1 of section 365-h of the social services law,
as amended by section 20 of part B of chapter 109 of the laws  of  2010,
is amended and a new subdivision 6 is added to read as follows:
  1.  The  local social services official and, subject to the provisions
of subdivision four of this section, the commissioner  of  health  shall
have  responsibility  for  prior  authorizing transportation of eligible
persons and for limiting the provision of such transportation  to  those
recipients  and  circumstances  where  such transportation is essential,
medically necessary and appropriate to obtain medical care, services  or
supplies  otherwise available under this title.  HOWEVER, PRIOR AUTHORI-
ZATION SHALL NOT BE REQUIRED  FOR  TRANSPORTATION  TO  OBTAIN  EMERGENCY
CARE, INCLUDING EMERGENCY MEDICAL TRANSPORTATION BY AN AMBULANCE SERVICE
CERTIFIED UNDER ARTICLE THIRTY OF THE PUBLIC HEALTH LAW.
  6.  WITH  RESPECT  TO  TRANSPORTATION AND CARE PROVIDED TO AN ELIGIBLE
PERSON BY AN AMBULANCE SERVICE CERTIFIED UNDER  ARTICLE  THIRTY  OF  THE
PUBLIC  HEALTH  LAW,  THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL
ESTABLISH A REIMBURSEMENT METHODOLOGY THAT ENSURES  THAT  PROVIDERS  ARE
REIMBURSED  AT  THE  GREATER OF THE MEDICAL ASSISTANCE RATE IN EFFECT ON
THE EFFECTIVE DATE OF THIS SUBDIVISION, OR THE MEDICARE ALLOWABLE CHARGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02699-03-6
              

A. 1512--A                          2

(PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL SECURITY  ACT)  FOR  SUCH
TRANSPORTATION  AND  CARE.    THE  AMOUNT  OF  INCREASE IN REIMBURSEMENT
PRODUCED BY THIS METHODOLOGY OVER WHAT WOULD OTHERWISE  HAVE  BEEN  PAID
SHALL  BE  PHASED  IN AS FOLLOWS:  IN THE STATE FISCAL YEAR IN WHICH THE
PROVISIONS OF THIS SUBDIVISION BECOME LAW, THIRTY-THREE PERCENT; IN  THE
FOLLOWING  STATE FISCAL YEAR, SIXTY-SIX PERCENT; AND IN THE SECOND STATE
FISCAL YEAR FOLLOWING THE STATE FISCAL YEAR IN WHICH THE  PROVISIONS  OF
THIS SUBDIVISION BECOME LAW AND ALL SUBSEQUENT FISCAL YEARS, ONE HUNDRED
PERCENT.
  S  2.  Subdivision  1  of  section 368-a of the social services law is
amended by adding a new paragraph (aa) to read as follows:
  (AA) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR ANY
OTHER PROVISION OF LAW TO THE  CONTRARY,  ONE  HUNDRED  PERCENT  OF  THE
AMOUNT  EXPENDED FOR MEDICAL ASSISTANCE UNDER THIS TITLE FOR TRANSPORTA-
TION AND CARE FURNISHED UNDER SUBDIVISION FOUR OF SECTION THREE  HUNDRED
SIXTY-FIVE-H  OF THIS TITLE ON OR AFTER APRIL FIRST, TWO THOUSAND SEVEN-
TEEN,  AFTER  FIRST  DEDUCTING  THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY
RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF.
  S  3.  This  act  shall  take  effect April 1, 2017, provided that the
amendments to section 365-h of the social services law made  by  section
one  of  this  act  shall  not  affect  the repeal and reversion of such
section pursuant to subdivision (a) of section 40 of part B  of  chapter
109 of the laws of 2010, as amended.