S T A T E   O F   N E W   Y O R K
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                                  1827

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by M. of A. GUNTHER, COOK, CLARK -- Multi-Sponsored by -- M.
  of A. CAMARA, ENGLEBRIGHT, PEOPLES-STOKES, RIVERA  --  read  once  and
  referred to the Committee on Health

AN  ACT to amend the social services law, in relation to amounts payable
  for medical assistance for items and  services  provided  to  eligible
  persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (iii) of paragraph (d)  of  subdivision  1  of
section  367-a  of  the social services law, as amended by section 65 of
part H of chapter 59 of the laws of 2011, is amended to read as follows:
  (iii) When payment under part B of title XVIII of the  federal  social
security act for items and services provided to eligible persons who are
also  beneficiaries  under  part  B of title XVIII of the federal social
security act and for items and services provided to  qualified  medicare
beneficiaries under part B of title XVIII of the federal social security
act  would  exceed  the  amount  that otherwise would be made under this
title if provided to an eligible person other than a person who is  also
a  beneficiary  under part B or is a qualified medicare beneficiary, the
amount payable for services covered under this  title  shall  be  twenty
percent  of  the  amount  of any co-insurance liability of such eligible
persons pursuant to federal law  were  they  not  eligible  for  medical
assistance  or  were  they  not  qualified  medicare  beneficiaries with
respect to such benefits under such part B; provided,  however,  amounts
payable  under  this  title  for items and services provided to eligible
persons who are also beneficiaries under part B or to qualified medicare
beneficiaries by an ambulance service under the authority of an  operat-
ing  certificate  issued pursuant to article thirty of the public health
law, a psychologist licensed under article one  hundred  fifty-three  of
the  education  law,  A  NEPHROLOGIST LICENSED UNDER ARTICLE ONE HUNDRED
THIRTY-ONE OF THE EDUCATION LAW, or a facility under the authority of an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01892-01-5
              

A. 1827                             2

operating certificate issued pursuant to article sixteen, thirty-one  or
thirty-two  of  the  mental  hygiene  law and with respect to outpatient
hospital and clinic items and services provided by a facility under  the
authority  of  an operating certificate issued pursuant to article twen-
ty-eight of the public health law, shall not be less than the amount  of
any  co-insurance  liability  of such eligible persons or such qualified
medicare beneficiaries, or for which such eligible persons or such qual-
ified medicare beneficiaries would be liable under federal law were they
not eligible for medical assistance or were they not qualified  medicare
beneficiaries with respect to such benefits under part B.
  S 2. This act shall take effect immediately.