A661-2011 Actions

• Jan 4, 2012: referred to health
• Jan 5, 2011: referred to health

A661-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          661
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced by M. of A. GOTTFRIED, RAMOS, PAULIN, LANCMAN, KELLNER, WEIS
 ENBERG,  PHEFFER,  PERRY,  J. RIVERA,  MAISEL, TITUS, KAVANAGH, GANTT,
 CASTRO, MENG, COOK, ROSENTHAL, SCHIMEL -- Multi-Sponsored by -- M.  of
 A. ABBATE, BRENNAN, CAHILL, COLTON, DESTITO, DINOWITZ, FARRELL, GLICK,
 HEASTIE, HOOPER, JACOBS, JAFFEE, MARKEY, McENENY, REILLY, SCARBOROUGH,
 SWEENEY, TITONE, TOWNS, WRIGHT, ZEBROWSKI -- read once and referred to
 the Committee on Health
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02245-01-1
 
       A. 661                              2
 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  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.
 
       A. 661                              3
 

S 4. Subdivision 8 of section 2807 of the public health law is amended
 by adding a new paragraph (g) to read as follows:

 (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-1) to read as follows:

 (Z-1)  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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