S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    231
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, PAULIN, ABINANTI, STIRPE,
   SAYEGH, DeSTEFANO, SMULLEN -- Multi-Sponsored by -- M. of  A.  ABBATE,
   AUBRY, CAHILL, COLTON, COOK, CYMBROWITZ, GALEF, J. M. GIGLIO, GUNTHER,
   LUPARDO, PALMESANO, PEOPLES-STOKES, PERRY -- read once and referred 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 7 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.
   7. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00645-01-1

 A. 231                              2
 
 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
 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 TWEN-
 TY-TWO, AFTER FIRST  DEDUCTING  THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY
 RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF.
   §  3.  This  act  shall  take  effect April 1, 2022, 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.