S T A T E   O F   N E W   Y O R K
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                                 10072--A
 
                           I N  A S S E M B L Y
 
                               March 6, 2020
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Health -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  social services law, in relation to prohibiting
   medical assistance providers from refusing to furnish  care,  services
   or  supplies  to  any  person  who  is  entitled to receive such care,
   services or supplies under Medicaid  because  benefits  payable  under
   Medicaid are payable as secondary insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1  and  2  of  section  366-d  of  the  social
 services  law,  subdivision 1 as added by chapter 41 of the laws of 1992
 and subdivision 2 as amended by chapter 2  of  the  laws  of  1998,  are
 amended to read as follows:
   1. Definitions. As used in this section, "medical assistance provider"
 means  any  person,  firm,  partnership,  group, association, fiduciary,
 HOSPITAL, employer or representative thereof  or  other  entity  who  is
 furnishing  care, services or supplies under THIS title [eleven of arti-
 cle five of this chapter].
   2.  No medical assistance provider shall:
   (a)   solicit, receive, accept or  agree  to  receive  or  accept  any
 payment  or  other  consideration in any form from another person to the
 extent such payment or other consideration is given: (i) for the  refer-
 ral  of  services  for which payment is made under THIS title [eleven of
 article five of this chapter]; or (ii) to purchase, lease or  order  any
 good,  facility,  service  or  item for which payment is made under THIS
 title [eleven of article five of this chapter]; or
   (b)  offer, agree to give or give any payment or  other  consideration
 in  any  form  to  another  person  to  the extent such payment or other
 consideration is given: (i) for  the  referral  of  services  for  which
 payment  is  made under THIS title [eleven of article five of this chap-
 ter]; or (ii) to purchase, lease or order any good, facility, service or
 item for which payment is made under THIS title [eleven of article  five
 of this chapter]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14420-04-0

 A. 10072--A                         2
 
   (C)  REFUSE TO FURNISH CARE, SERVICES OR SUPPLIES TO ANY PERSON WHO IS
 ENTITLED TO RECEIVE SUCH CARE, SERVICES OR SUPPLIES UNDER THIS TITLE  IF
 SUCH  MEDICAL  ASSISTANCE  PROVIDER FURNISHES THE SAME CARE, SERVICES OR
 SUPPLIES UNDER THE MEDICARE PROGRAM  PURSUANT  TO  TITLE  XVIII  OF  THE
 FEDERAL    SOCIAL  SECURITY  ACT AND THE PERSON IS DUALLY ELIGIBLE UNDER
 THAT PROGRAM.
   [(c) as] (D) AS used in this section "person"  shall have the  meaning
 set forth in subdivision seven of section 10.00 of the penal law.
   [(d)  this]  (E)  THIS  subdivision  shall  not  apply to any activity
 specifically exempt by federal statute or federal regulations promulgat-
 ed thereunder.
   § 2. The commissioner of health shall make any amendments to the state
 plan for medical assistance, or apply for any waiver or  approval  under
 the  federal  social  security  act  that are necessary to carry out the
 provisions of this act.
   § 3. This act shall take effect on the one hundred ninetieth day after
 it shall have become a law. Effective immediately the  addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.