NY State Senate Bill 2017-S2528

Senate Bill S2528

2017-2018 Legislative Session

Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 13, 2017	referred to health

co-Sponsors

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2017-S2528 (ACTIVE) - Details

See Assembly Version of this Bill:: A3978
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §§365-h & 368-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5068
2011-2012: S2715
2013-2014: S3312, A5537
2015-2016: S1055, A1512
2019-2020: S7035, A2789
2021-2022: S1580, A231
2023-2024: S3223, A9237

2017-S2528 (ACTIVE) - Summary

Allows for reimbursement of transportation costs for emergency care without prior authorization by the social services official including emergency medical transportation by an ambulance service certified under article 30 of the public health law; and further authorizes the commissioner of health to establish a reimbursement methodology to ensure providers are reimbursed.

2017-S2528 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2528

 TITLE OF BILL :

An act to amend the social services law, in relation to reimbursement
of transportation costs for emergency care

 PURPOSE :

To establish a Medicaid reimbursement methodology for ambulance
transportation with rates that allow providers to recoup their costs.

 SUMMARY OF PROVISIONS :

Section 1. Amends Subdivision 1 of section 365-h of the Social
Services Law to exempt transportation to obtain emergency care from
the requirement for prior authorization under Medicaid, to conform
with the exemption in § 365a(2)(j) of the Social Services Law.

Amends Section 365-h of the Social Services Law to direct the
Commissioner of Health to establish a Medicaid reimbursement
methodology for ambulance transportation and care that ensures that
providers are reimbursed at the greater of the Medical Assistance Rate
on the effective date of the bill or the Federal Medicare allowable
charge. This reimbursement methodology shall be phased in over three
years as follows: in the state fiscal year in which the bill becomes a

law, 33 percent; in the following state fiscal year, 66 percent; and
in the second state fiscal year following the fiscal year in which the
bill becomes a law and all subsequent fiscal years, 100 percent.

Section 2. Amends Subdivision 1 of section 368-a of the Social
Services Law to ensure that the state bears 100 percent of the
increase in medical assistance under this title, after first deducting
any federal funds properly received or to be received on account
thereof.

Section 3. Provides the effective date.

 JUSTIFICATION :

The Medicaid reimbursement rate for ambulance trips is currently
determined on a county-by-county basis. Almost every county in the
state fails to adequately reimburse ambulance companies for the costs
incurred in transporting patients.

This bill would create a methodology for ambulance reimbursement under
Medicaid that more closely approximates the cost of providing the
service. Ambulances are required by law to pick everyone up, including
Medicaid patients. It is unfair to require these ambulance companies
to accept Medicaid patients and then not fairly reimburse them for the
costs of providing services to these patients.

 LEGISLATIVE HISTORY :

S.1055 of 2015-16;
S.3312 of 2013-14;
S.27I5A of 2011-12;
S.5068 of 2009-10.

 FISCAL IMPLICATIONS :

Dependent on the costs of transporting patients.  The State would also
assume the local share of any additional Medicaid spending.

 EFFECTIVE DATE :
this act shall take effect April 1, 2019.

2017-S2528 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2528
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens. SEWARD, BRESLIN, RITCHIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to reimbursement of
   transportation costs for emergency care
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 365-h of the social services law,
 as amended by section 20 of part B of chapter 109 of the laws  of  2010,
 is amended and a new subdivision 6 is added to read as follows:
   1.  The  local social services official and, subject to the provisions
 of subdivision four of this section, the commissioner  of  health  shall
 have  responsibility  for  prior  authorizing transportation of eligible
 persons and for limiting the provision of such transportation  to  those
 recipients  and  circumstances  where  such transportation is essential,
 medically necessary and appropriate to obtain medical care, services  or
 supplies  otherwise available under this title.  HOWEVER, PRIOR AUTHORI-
 ZATION SHALL NOT BE REQUIRED  FOR  TRANSPORTATION  TO  OBTAIN  EMERGENCY
 CARE, INCLUDING EMERGENCY MEDICAL TRANSPORTATION BY AN AMBULANCE SERVICE
 CERTIFIED UNDER ARTICLE THIRTY OF THE PUBLIC HEALTH LAW.
   6.  WITH  RESPECT  TO  TRANSPORTATION AND CARE PROVIDED TO AN ELIGIBLE
 PERSON BY AN AMBULANCE SERVICE CERTIFIED UNDER  ARTICLE  THIRTY  OF  THE
 PUBLIC  HEALTH  LAW,  THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL
 ESTABLISH A REIMBURSEMENT METHODOLOGY THAT ENSURES  THAT  PROVIDERS  ARE
 REIMBURSED  AT  THE  GREATER OF THE MEDICAL ASSISTANCE RATE IN EFFECT ON
 THE EFFECTIVE DATE OF THIS SUBDIVISION, OR THE MEDICARE ALLOWABLE CHARGE
 (PURSUANT TO TITLE XVIII OF THE FEDERAL SOCIAL SECURITY  ACT)  FOR  SUCH
 TRANSPORTATION  AND  CARE.    THE  AMOUNT  OF  INCREASE IN REIMBURSEMENT
 PRODUCED BY THIS METHODOLOGY OVER WHAT WOULD OTHERWISE  HAVE  BEEN  PAID
 SHALL  BE  PHASED  IN AS FOLLOWS:  IN THE STATE FISCAL YEAR IN WHICH THE
 PROVISIONS OF THIS SUBDIVISION BECOME LAW, THIRTY-THREE PERCENT; IN  THE
 FOLLOWING  STATE FISCAL YEAR, SIXTY-SIX PERCENT; AND IN THE SECOND STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02204-02-7

 S. 2528                             2
 
 FISCAL YEAR FOLLOWING THE STATE FISCAL YEAR IN WHICH THE  PROVISIONS  OF
 THIS SUBDIVISION BECOME LAW AND ALL SUBSEQUENT FISCAL YEARS, ONE HUNDRED
 PERCENT.
   §  2.  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 INCONSISTENT PROVISION OF THIS CHAPTER OR ANY
 OTHER PROVISION OF LAW TO THE  CONTRARY,  ONE  HUNDRED  PERCENT  OF  THE
 AMOUNT  EXPENDED FOR MEDICAL ASSISTANCE UNDER THIS TITLE FOR TRANSPORTA-
 TION AND CARE FURNISHED UNDER SUBDIVISION FOUR OF SECTION THREE  HUNDRED
 SIXTY-FIVE-H  OF  THIS TITLE ON OR AFTER APRIL FIRST, TWO THOUSAND NINE-
 TEEN,  AFTER  FIRST  DEDUCTING  THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY
 RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF.
   §  3.  This  act  shall  take  effect April 1, 2019, provided that the
 amendments to section 365-h of the social services law made  by  section
 one  of  this  act  shall  not  affect  the repeal and reversion of such
 section pursuant to subdivision (a) of section 40 of part B  of  chapter
 109 of the laws of 2010, as amended.

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Senate Bill S2528

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Sponsored By

James L. Seward

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Fred Akshar

Neil D. Breslin

Patrick M. Gallivan

Patty Ritchie

2017-S2528 (ACTIVE) - Details

2017-S2528 (ACTIVE) - Summary

2017-S2528 (ACTIVE) - Sponsor Memo

2017-S2528 (ACTIVE) - Bill Text download pdf

Comments