NY State Senate Bill 2015-S3974A

Senate Bill S3974A

2015-2016 Legislative Session

Provides Medicaid reimbursement for interpretation services provided by hospital inpatient and outpatient departments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2016	print number 3974a
Jan 14, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Feb 25, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-S3974 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2807-c & 2807, Pub Health L; amd §368-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2759, S7290
2011-2012: S1138
2013-2014: S3188
2017-2018: S3419
2019-2020: S4615
2021-2022: S5073
2023-2024: S6377

2015-S3974 - 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, 2018 for such rates effective for the period April 1, 2018 through March 31, 2019.

2015-S3974 - Sponsor Memo

                                BILL NUMBER:S3974

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

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.

§ 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."

§ 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."

§ 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."

§ 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.

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 for 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:

2013-14: S.3188A - Referred to Health
2011-12: S.1128 - Referred to Health
2010: S.7290 - Referred to Health

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided that the commissioner of health is
immediately authorized and directed to promulgate, amend and/or repeal
any rules and regulations necessary to implement the provisions of
this act on its effective date.

2015-S3974 - Bill Text download pdf

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

                                  3974

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 25, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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

  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 LAW,
RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL ADJUST  INPA-
TIENT  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.  REIMBURSEMENT SHALL BE AVAILABLE FOR THE COSTS  ASSOCIATED
WITH  THE  PROVISION  OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING
ALL TIMES THAT PATIENT CARE IS AVAILABLE, 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) SUCH ADJUSTMENT SHALL BE MADE FOR  DISCHARGES  ON  AND  AFTER  THE
FIRST OF APRIL, TWO THOUSAND SEVENTEEN.
  (C)  FOR  PURPOSES OF THIS SUBDIVISION, "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.
  (D)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "INTERPRETATION SERVICES"
REFERS TO LANGUAGE ASSISTANCE  SERVICES  PROVIDED  BY  INDIVIDUALS  WITH
PROVEN  BILINGUAL  SKILLS  IN  BOTH ENGLISH AND THE RELEVANT LANGUAGE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06841-01-5

S. 3974                             2

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  INDIVIDUALS  TRAINED  AND
SKILLED IN MEDICAL INTERPRETING TECHNIQUES, ETHICS AND TERMINOLOGY.
  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 LAW, RULE OR REGULATION TO THE
CONTRARY, THE COMMISSIONER SHALL 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.  SUCH ADJUSTMENT SHALL BE MADE FOR OUTPATIENT AND EMERGENCY
SERVICES PROVIDED ON AND AFTER  APRIL  FIRST,  TWO  THOUSAND  SEVENTEEN.
REIMBURSEMENT  SHALL  BE  AVAILABLE  FOR  THE  COSTS ASSOCIATED WITH THE
PROVISION OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING  ALL  TIMES
THAT  PATIENT  CARE  IS  AVAILABLE,  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.  FOR THE
PURPOSES OF THIS SUBPARAGRAPH, "PATIENTS WITH LIMITED ENGLISH PROFICIEN-
CY"  MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO CANNOT
SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A LEVEL  SUFFI-
CIENT  TO  PERMIT SUCH PATIENTS TO INTERACT EFFECTIVELY WITH HEALTH CARE
PROVIDERS AND THEIR STAFF. FOR PURPOSES OF THIS SUBDIVISION,  "INTERPRE-
TATION  SERVICES"  REFERS  TO  LANGUAGE  ASSISTANCE SERVICES PROVIDED BY
INDIVIDUALS WITH SUFFICIENT FLUENCY IN BOTH  ENGLISH  AND  THE  RELEVANT
LANGUAGE  TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO ACCESS
SERVICES AND, IN THE CASE OF INTERPRETATION PROVIDED DURING  THE  COURSE
OF  A  CLINICAL  ENCOUNTER, SERVICES PROVIDED BY INDIVIDUALS TRAINED AND
SKILLED IN MEDICAL INTERPRETING TECHNIQUES, SKILLS, ETHICS AND TERMINOL-
OGY.  HOSPITALS MUST USE A SKILLED INTERPRETER  OR  TRANSLATION  SERVICE
UNTIL  SUCH TIME AS RULES AND REGULATIONS ARE PROMULGATED BY THE COMMIS-
SIONER.  AFTER SUCH RULES AND  REGULATIONS  ARE  PROMULGATED,  HOSPITALS
SHALL  USE  INDIVIDUALS  WHO  MEET  SUCH  CRITERIA  IN  ORDER TO RECEIVE
REIMBURSEMENT.  NO REIMBURSEMENT SHALL BE PROVIDED WHEN  A  PATIENT  WHO
HAS  BEEN INFORMED IN HIS OR HER PRIMARY LANGUAGE OF THE AVAILABILITY OF
FREE INTERPRETATION AND TRANSLATION SERVICES REQUESTS THE USE OF FAMILY,
FRIENDS OR OTHERS WHO ARE NOT FORMALLY TRAINED IN TRANSLATION OR  INTER-
PRETATION.
  S  3. Section 2807 of the public health law is amended by adding a new
subdivision 22 to read as follows:
  22. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
CONTRARY,  THE COMMISSIONER 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 INTERPRETA-
TION  SERVICES  FOR  PATIENTS  IN RECEIPT OF MEDICAL ASSISTANCE WHO HAVE
LIMITED ENGLISH  PROFICIENCY.    SUCH  ADJUSTMENTS  SHALL  BE  MADE  FOR
SERVICES  PROVIDED AT DIAGNOSTIC AND TREATMENT CENTERS LICENSED PURSUANT
TO THIS ARTICLE ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  SEVENTEEN.
REIMBURSEMENT  SHALL  BE  AVAILABLE  FOR  THE  COSTS ASSOCIATED WITH THE
PROVISION OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING  ALL  TIMES
THAT  PATIENT  CARE  IS  AVAILABLE,  INCLUDING BUT NOT LIMITED TO HEALTH
CARE, BILLING AND MAKING APPOINTMENTS.   TO BE ELIGIBLE  FOR  REIMBURSE-
MENT,  THE  PROVISION  OF  INTERPRETATION SERVICES MUST BE DOCUMENTED IN
SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT BY  THE  COMMISSIONER.

S. 3974                             3

FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "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. FOR THE PURPOSES OF THIS SUBDIVI-
SION, "INTERPRETATION SERVICES" REFERS TO LANGUAGE  ASSISTANCE  SERVICES
PROVIDED  BY INDIVIDUALS WITH SUFFICIENT FLUENCY IN BOTH ENGLISH AND THE
RELEVANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR  THE  PATIENT
TO  ACCESS  SERVICES  AND, IN THE CASE OF INTERPRETATION PROVIDED DURING
THE COURSE OF A CLINICAL ENCOUNTER,  SERVICES  PROVIDED  BY  INDIVIDUALS
TRAINED  AND  SKILLED IN MEDICAL INTERPRETING TECHNIQUES, SKILLS, ETHICS
AND TERMINOLOGY.
  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 SHALL BE FURTHER
ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWENTY OF THIS
SECTION.
  S 5. 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  PROVISION OF LAW TO THE CONTRARY, THE FULL
AMOUNT EXPENDED FOR INTERPRETATION SERVICES PROVIDED PURSUANT TO  SUBDI-
VISION 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 SUBDIVI-
SION  TWENTY-TWO  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 February 1, 2017 for such  rates
effective for the period April 1, 2017 through March 31, 2018.
  S  7.    This  act  shall take effect on the one hundred twentieth day
after it shall have become a law,  provided  that  the  commissioner  of
health  is  immediately  authorized  and  directed  to promulgate, amend
and/or repeal any rules  and  regulations  necessary  to  implement  the
provisions of this act on its effective date.

2015-S3974A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2807-c & 2807, Pub Health L; amd §368-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2759, S7290
2011-2012: S1138
2013-2014: S3188
2017-2018: S3419
2019-2020: S4615
2021-2022: S5073
2023-2024: S6377

2015-S3974A (ACTIVE) - Summary

2015-S3974A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3974A

 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

 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.

§ 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."

§ 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."

§ 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."

§ 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.

 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 for 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 :

2013-14: S.3188A - Referred to Health
2011-12: S.1128 - Referred to Health
2010: S.7290 - Referred to Health

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided that the commissioner of health is
immediately authorized and directed to promulgate, amend and/or repeal
any rules and regulations necessary to implement the provisions of
this act on its effective date.

2015-S3974A (ACTIVE) - Bill Text download pdf

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

                                 3974--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 25, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

  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 LAW,
RULE  OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL ADJUST INPA-
TIENT 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.   REIMBURSEMENT SHALL BE AVAILABLE FOR THE COSTS ASSOCIATED
WITH THE PROVISION OF INTERPRETATION SERVICES AT  ALL  LOCATIONS  DURING
ALL  TIMES  THAT PATIENT CARE IS AVAILABLE, 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)  SUCH  ADJUSTMENT  SHALL  BE  MADE FOR DISCHARGES ON AND AFTER THE
FIRST OF APRIL, TWO THOUSAND EIGHTEEN.
  (C) FOR PURPOSES OF THIS SUBDIVISION, "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06841-02-6

S. 3974--A                          2

  (D) FOR THE PURPOSES OF THIS  SUBDIVISION,  "INTERPRETATION  SERVICES"
REFERS  TO  LANGUAGE  ASSISTANCE  SERVICES  PROVIDED BY INDIVIDUALS WITH
PROVEN 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  INDIVIDUALS  TRAINED  AND
SKILLED IN MEDICAL INTERPRETING TECHNIQUES, ETHICS AND TERMINOLOGY.
  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 LAW, RULE OR REGULATION TO THE
CONTRARY, THE COMMISSIONER SHALL 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.  SUCH ADJUSTMENT SHALL BE MADE FOR OUTPATIENT AND EMERGENCY
SERVICES PROVIDED ON AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  EIGHTEEN.
REIMBURSEMENT  SHALL  BE  AVAILABLE  FOR  THE  COSTS ASSOCIATED WITH THE
PROVISION OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING  ALL  TIMES
THAT  PATIENT  CARE  IS  AVAILABLE,  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.  FOR THE
PURPOSES OF THIS SUBPARAGRAPH, "PATIENTS WITH LIMITED ENGLISH PROFICIEN-
CY"  MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO CANNOT
SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A LEVEL  SUFFI-
CIENT  TO  PERMIT SUCH PATIENTS TO INTERACT EFFECTIVELY WITH HEALTH CARE
PROVIDERS AND THEIR STAFF. FOR PURPOSES OF THIS SUBDIVISION,  "INTERPRE-
TATION  SERVICES"  REFERS  TO  LANGUAGE  ASSISTANCE SERVICES PROVIDED BY
INDIVIDUALS WITH SUFFICIENT FLUENCY IN BOTH  ENGLISH  AND  THE  RELEVANT
LANGUAGE  TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO ACCESS
SERVICES AND, IN THE CASE OF INTERPRETATION PROVIDED DURING  THE  COURSE
OF  A  CLINICAL  ENCOUNTER, SERVICES PROVIDED BY INDIVIDUALS TRAINED AND
SKILLED IN MEDICAL INTERPRETING TECHNIQUES, SKILLS, ETHICS AND TERMINOL-
OGY.  HOSPITALS MUST USE A SKILLED INTERPRETER  OR  TRANSLATION  SERVICE
UNTIL  SUCH TIME AS RULES AND REGULATIONS ARE PROMULGATED BY THE COMMIS-
SIONER.  AFTER SUCH RULES AND  REGULATIONS  ARE  PROMULGATED,  HOSPITALS
SHALL  USE  INDIVIDUALS  WHO  MEET  SUCH  CRITERIA  IN  ORDER TO RECEIVE
REIMBURSEMENT.  NO REIMBURSEMENT SHALL BE PROVIDED WHEN  A  PATIENT  WHO
HAS  BEEN INFORMED IN HIS OR HER PRIMARY LANGUAGE OF THE AVAILABILITY OF
FREE INTERPRETATION AND TRANSLATION SERVICES REQUESTS THE USE OF FAMILY,
FRIENDS OR OTHERS WHO ARE NOT FORMALLY TRAINED IN TRANSLATION OR  INTER-
PRETATION.
  S  3. Section 2807 of the public health law is amended by adding a new
subdivision 23 to read as follows:
  23. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
CONTRARY,  THE COMMISSIONER 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 INTERPRETA-
TION  SERVICES  FOR  PATIENTS  IN RECEIPT OF MEDICAL ASSISTANCE WHO HAVE
LIMITED ENGLISH  PROFICIENCY.    SUCH  ADJUSTMENTS  SHALL  BE  MADE  FOR
SERVICES  PROVIDED AT DIAGNOSTIC AND TREATMENT CENTERS LICENSED PURSUANT
TO THIS ARTICLE  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  EIGHTEEN.
REIMBURSEMENT  SHALL  BE  AVAILABLE  FOR  THE  COSTS ASSOCIATED WITH THE
PROVISION OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING  ALL  TIMES
THAT  PATIENT  CARE  IS  AVAILABLE,  INCLUDING BUT NOT LIMITED TO HEALTH

S. 3974--A                          3

CARE, BILLING AND MAKING APPOINTMENTS.   TO BE ELIGIBLE  FOR  REIMBURSE-
MENT,  THE  PROVISION  OF  INTERPRETATION SERVICES MUST BE DOCUMENTED IN
SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT BY  THE  COMMISSIONER.
FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "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. FOR THE PURPOSES OF THIS SUBDIVI-
SION,  "INTERPRETATION  SERVICES" REFERS TO LANGUAGE ASSISTANCE SERVICES
PROVIDED BY INDIVIDUALS WITH SUFFICIENT FLUENCY IN BOTH ENGLISH AND  THE
RELEVANT  LANGUAGE  TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT
TO ACCESS SERVICES AND, IN THE CASE OF  INTERPRETATION  PROVIDED  DURING
THE  COURSE  OF  A  CLINICAL ENCOUNTER, SERVICES PROVIDED BY INDIVIDUALS
TRAINED AND SKILLED IN MEDICAL INTERPRETING TECHNIQUES,  SKILLS,  ETHICS
AND TERMINOLOGY.
  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  SHALL  BE  FURTHER
ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWENTY OF THIS
SECTION.
  S  5.  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 PROVISION OF LAW TO THE  CONTRARY,  THE  FULL
AMOUNT  EXPENDED FOR INTERPRETATION SERVICES PROVIDED PURSUANT TO SUBDI-
VISION 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 SUBDIVI-
SION TWENTY-THREE 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 February 1, 2018 for such rates
effective for the period April 1, 2018 through March 31, 2019.
  S 7.  This act shall take effect on  the  one  hundred  twentieth  day
after  it  shall  have  become  a law, provided that the commissioner of
health is immediately  authorized  and  directed  to  promulgate,  amend
and/or  repeal  any  rules  and  regulations  necessary to implement the
provisions of this act on its effective date.

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