S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6982
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Health
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06239-01-1

 A. 6982                             2
 
 item  for which payment is made under THIS title [eleven of article five
 of this chapter]; OR
   (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.