NY State Senate Bill 2009-S2875

Senate Bill S2875

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Stricken

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
Mar 23, 2009	recommit, enacting clause stricken
Mar 05, 2009	referred to health

co-Sponsors

2009-S2875 (ACTIVE) - Details

See Assembly Version of this Bill:: A733
Law Section:: Public Health Law
Laws Affected:: Amd §§2807-c & 2807, Pub Health L; amd §368-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: A661

2009-S2875 (ACTIVE) - 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.

2009-S2875 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2875

 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 effect 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 diagnosis's,
unnecessary surgeries and improper use of medication. Failure to seek
primary and preventive care, and medical errors that result from
faulty interpretation, have serious and expensive consequences for the
State and its residents.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
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.

2009-S2875 (ACTIVE) - Bill Text download pdf

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

                                  2875

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by  Sen.  ESPADA -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02579-01-9

S. 2875                             2

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:
  (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

S. 2875                             3

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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Senate Bill S2875

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Sponsored By

Pedro Espada Jr.