S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    544
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. GUNTHER, COOK -- Multi-Sponsored by -- M. of A.
   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 31 of
 part B of chapter 57 of the laws of 2015, is amended to read as follows:
   (iii) With respect to items and services provided to eligible  persons
 who  are  also  beneficiaries under part B of title XVIII of the federal
 social security act and items and services provided to  qualified  medi-
 care  beneficiaries  under  part  B of title XVIII of the federal social
 security act, the amount payable for services covered under  this  title
 shall  be  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, but  shall  not  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 minus the amount payable  under
 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 operating 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  NEPHROLO-
 GIST LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW,
 or  a  facility  under  the authority of an operating certificate issued
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03188-01-7

 A. 544                              2
 
 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 twenty-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 qualified 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.
   § 2. This act shall take effect immediately.