S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9884
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  an  ambulance
   service assessment fee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The public health law is amended by adding a  new  section
 3033 to read as follows:
   §  3033.  AMBULANCE SERVICE ASSESSMENT. 1. THE DEPARTMENT SHALL CHARGE
 EVERY AMBULANCE SERVICE A UNIFORM  AMBULANCE  ASSESSMENT  FEE,  PROVIDED
 THAT  THE  FEE  SHALL NOT APPLY TO ANY MUNICIPAL FIRE DEPARTMENT, POLICE
 DEPARTMENT, OR OTHER GOVERNMENT ENTITY THAT PROVIDES  EMERGENCY  MEDICAL
 SERVICES,  ANY  AMBULANCE  SERVICE  THAT  EXCLUSIVELY PROVIDES EMERGENCY
 MEDICAL CARE BY AIRCRAFT, OR ANY PROVIDER REQUIRED TO PAY AN  ASSESSMENT
 ON AMBULANCE SERVICE REVENUE UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   2.  THE  UNIFORM  ASSESSMENT  FEE  SHALL BE ASSESSED ON EACH AMBULANCE
 SERVICE COVERED UNDER THIS SECTION AT A RATE OF AT LEAST FIVE AND THREE-
 QUARTERS PERCENT  OF  A  COVERED  AMBULANCE  SERVICE'S  ANNUAL  REVENUE,
 PROVIDED  HOWEVER  THAT  IT  SHALL  BE NO GREATER THAN THE MAXIMUM LIMIT
 ALLOWABLE UNDER 42 C.F.R. 433.68(F).    THE  DEPARTMENT  SHALL  SET  AND
 IMPLEMENT  SUCH  FEES USING THE BEST DATA AVAILABLE IN CONSULTATION WITH
 STAKEHOLDERS,  AND SHALL UPDATE SUCH FEES ON A  PERIODIC  BASIS  BUT  AT
 LEAST ANNUALLY.
   3.  ALL FEES COLLECTED UNDER THIS SECTION SHALL BE EXPENDED IN A TIME-
 LY  MANNER  AND  SOLELY  FOR  PURPOSES  OF INCREASING MEDICAL ASSISTANCE
 PAYMENT RATES FOR AMBULANCE SERVICES AND SHALL NOT BE USED TO REDUCE  OR
 REPLACE OTHER PAYMENT COMMITMENTS BY THE STATE.
   4.  FEES COLLECTED UNDER THIS SECTION SHALL BE HELD IN A FUND ADMINIS-
 TERED BY THE DEPARTMENT.  SUCH FUND SHALL INCLUDE:
   (A) ALL REVENUES GENERATED BY THE FEE;
   (B)  ALL  FUNDS GENERATED BY INCREASED FEDERAL FINANCIAL PARTICIPATION
 FROM INCREASES TO THE MEDICAL ASSISTANCE PAYMENT RATE;
   (C) ANY OTHER REVENUE AUTHORIZED FOR AND  SPECIFICALLY  DESIGNATED  TO
 THE FUND; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15054-01-2
 A. 9884                             2
 
   (D) INTEREST EARNED ON ANY MONEY IN THE FUND.
   5.  THE DEPARTMENT MAY IMPOSE PENALTIES FOR ANY AMBULANCE SERVICE THAT
 FAILS TO PAY THE FEE WITHIN THE TIME REQUIRED BY THE DEPARTMENT.
   6. FEES UNDER THIS SECTION SHALL BE COLLECTED ONLY IF  FEDERAL  FINAN-
 CIAL  PARTICIPATION  IS  AVAILABLE  FOR EXPENDITURES INCURRED UNDER THIS
 SECTION.  ANY FEES COLLECTED BUT NOT EXPENDED IN  A  FISCAL  YEAR  SHALL
 REMAIN  AVAILABLE  FOR  EXPENDITURE  IN  SUBSEQUENT  FISCAL YEARS.   THE
 DEPARTMENT SHALL SUBMIT ALL NECESSARY DOCUMENTATION FOR FEDERAL APPROVAL
 OF THIS PROGRAM, INCLUDING AMENDMENTS TO THE STATE PLAN UNDER TITLE  XIX
 OF  THE FEDERAL SOCIAL SECURITY ACT, NECESSARY TO IMPLEMENT THIS SECTION
 IN A TIMELY MANNER.
   § 2.  This act shall take effect immediately.