Senate Bill S8758

2019-2020 Legislative Session

Prohibits medical assistance providers from refusing to furnish care, services or supplies to any person for whom Medicaid is secondary insurance

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-S8758 (ACTIVE) - Details

See Assembly Version of this Bill:
A10072
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §366-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4174, A6982
2023-2024: A1928

2019-S8758 (ACTIVE) - Summary

Prohibits 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 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.

2019-S8758 (ACTIVE) - Sponsor Memo

2019-S8758 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8758
 
                             I N  S E N A T E
 
                               July 14, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.