S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5073
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation   to  providing  Medicaid  reimbursement  for  interpretation
   services provided by hospital inpatient and outpatient departments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2807-c  of  the  public health law is amended by
 adding a new subdivision 36 to read as follows:
   36. INTERPRETATION SERVICES. (A) NOTWITHSTANDING ANY PROVISION OF LAW,
 RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL ADJUST  INPA-
 TIENT  MEDICAL  ASSISTANCE RATES OF PAYMENT TO PROVIDE REIMBURSEMENT FOR
 THE COSTS ASSOCIATED WITH THE PROVISION OF INTERPRETATION  SERVICES  FOR
 PATIENTS  IN  RECEIPT  OF  MEDICAL  ASSISTANCE  WHO HAVE LIMITED ENGLISH
 PROFICIENCY.  REIMBURSEMENT SHALL BE AVAILABLE FOR THE COSTS  ASSOCIATED
 WITH  THE  PROVISION  OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING
 ALL TIMES THAT PATIENT CARE IS AVAILABLE, INCLUDING BUT NOT  LIMITED  TO
 HEALTH  CARE,  BILLING  AND  MAKING  APPOINTMENTS.    TO BE ELIGIBLE FOR
 REIMBURSEMENT, THE PROVISION OF INTERPRETATION SERVICES  MUST  BE  DOCU-
 MENTED  IN  SUCH  A  MANNER  AS  TO ENABLE REPORTING TO AND AUDIT BY THE
 COMMISSIONER.
   (B) SUCH ADJUSTMENT SHALL BE MADE FOR  DISCHARGES  ON  AND  AFTER  THE
 FIRST OF APRIL, TWO THOUSAND TWENTY-THREE.
   (C)  FOR  PURPOSES OF THIS SUBDIVISION, "PATIENTS WITH LIMITED ENGLISH
 PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS  NOT  ENGLISH  AND
 WHO  CANNOT  SPEAK,  READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A
 LEVEL SUFFICIENT TO PERMIT SUCH PATIENTS TO  INTERACT  EFFECTIVELY  WITH
 HEALTH CARE PROVIDERS AND THEIR STAFF.
   (D)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "INTERPRETATION SERVICES"
 REFERS TO LANGUAGE ASSISTANCE  SERVICES  PROVIDED  BY  INDIVIDUALS  WITH
 PROVEN  BILINGUAL  SKILLS  IN  BOTH ENGLISH AND THE RELEVANT LANGUAGE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09269-01-1

 S. 5073                             2
 
 COMMUNICATE INFORMATION NECESSARY FOR THE  PATIENT  TO  ACCESS  SERVICES
 AND,  IN  THE CASE OF INTERPRETATION SERVICES PROVIDED DURING THE COURSE
 OF A CLINICAL ENCOUNTER, SERVICES PROVIDED BY  INDIVIDUALS  TRAINED  AND
 SKILLED IN MEDICAL INTERPRETING TECHNIQUES, ETHICS AND TERMINOLOGY.
   §  2.  Paragraph  (g)  of  subdivision 2 of section 2807 of the public
 health law is amended by adding a new  subparagraph  (iii)  to  read  as
 follows:
   (III)  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
 CONTRARY, THE COMMISSIONER SHALL ADJUST RATES  OF  PAYMENT  FOR  GENERAL
 HOSPITAL  OUTPATIENT AND EMERGENCY SERVICES TO PROVIDE REIMBURSEMENT FOR
 THE COSTS ASSOCIATED WITH THE PROVISION OF INTERPRETATION  SERVICES  FOR
 PATIENTS  IN  RECEIPT  OF  MEDICAL  ASSISTANCE  WHO HAVE LIMITED ENGLISH
 PROFICIENCY.  SUCH ADJUSTMENT SHALL BE MADE FOR OUTPATIENT AND EMERGENCY
 SERVICES PROVIDED ON AND AFTER APRIL FIRST, TWO  THOUSAND  TWENTY-THREE.
 REIMBURSEMENT  SHALL  BE  AVAILABLE  FOR  THE  COSTS ASSOCIATED WITH THE
 PROVISION OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING  ALL  TIMES
 THAT  PATIENT  CARE  IS  AVAILABLE,  INCLUDING BUT NOT LIMITED TO HEALTH
 CARE, BILLING AND MAKING APPOINTMENTS. TO BE ELIGIBLE FOR REIMBURSEMENT,
 THE PROVISION OF INTERPRETATION SERVICES MUST BE DOCUMENTED  IN  SUCH  A
 MANNER AS TO ENABLE REPORTING TO AND AUDIT BY THE COMMISSIONER.  FOR THE
 PURPOSES OF THIS SUBPARAGRAPH, "PATIENTS WITH LIMITED ENGLISH PROFICIEN-
 CY"  MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO CANNOT
 SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A LEVEL  SUFFI-
 CIENT  TO  PERMIT SUCH PATIENTS TO INTERACT EFFECTIVELY WITH HEALTH CARE
 PROVIDERS AND THEIR STAFF. FOR PURPOSES OF THIS SUBDIVISION,  "INTERPRE-
 TATION  SERVICES"  REFERS  TO  LANGUAGE  ASSISTANCE SERVICES PROVIDED BY
 INDIVIDUALS WITH SUFFICIENT FLUENCY IN BOTH  ENGLISH  AND  THE  RELEVANT
 LANGUAGE  TO COMMUNICATE INFORMATION NECESSARY FOR THE PATIENT TO ACCESS
 SERVICES AND, IN THE CASE OF INTERPRETATION PROVIDED DURING  THE  COURSE
 OF  A  CLINICAL  ENCOUNTER, SERVICES PROVIDED BY INDIVIDUALS TRAINED AND
 SKILLED IN MEDICAL INTERPRETING TECHNIQUES, SKILLS, ETHICS AND TERMINOL-
 OGY.  HOSPITALS MUST USE A SKILLED INTERPRETER  OR  TRANSLATION  SERVICE
 UNTIL  SUCH TIME AS RULES AND REGULATIONS ARE PROMULGATED BY THE COMMIS-
 SIONER.  AFTER SUCH RULES AND  REGULATIONS  ARE  PROMULGATED,  HOSPITALS
 SHALL  USE  INDIVIDUALS  WHO  MEET  SUCH  CRITERIA  IN  ORDER TO RECEIVE
 REIMBURSEMENT.  NO REIMBURSEMENT SHALL BE PROVIDED WHEN  A  PATIENT  WHO
 HAS  BEEN INFORMED IN HIS OR HER PRIMARY LANGUAGE OF THE AVAILABILITY OF
 FREE INTERPRETATION AND TRANSLATION SERVICES REQUESTS THE USE OF FAMILY,
 FRIENDS OR OTHERS WHO ARE NOT FORMALLY TRAINED IN TRANSLATION OR  INTER-
 PRETATION.
   §  3. Section 2807 of the public health law is amended by adding a new
 subdivision 22 to read as follows:
   22. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
 CONTRARY,  THE COMMISSIONER SHALL ADJUST RATES OF PAYMENT FOR DIAGNOSTIC
 AND TREATMENT CENTERS LICENSED  PURSUANT  TO  THIS  ARTICLE  TO  PROVIDE
 REIMBURSEMENT FOR THE COSTS ASSOCIATED WITH THE PROVISION OF INTERPRETA-
 TION  SERVICES  FOR  PATIENTS  IN RECEIPT OF MEDICAL ASSISTANCE WHO HAVE
 LIMITED ENGLISH  PROFICIENCY.    SUCH  ADJUSTMENTS  SHALL  BE  MADE  FOR
 SERVICES  PROVIDED AT DIAGNOSTIC AND TREATMENT CENTERS LICENSED PURSUANT
 TO THIS ARTICLE ON AND AFTER APRIL  FIRST,  TWO  THOUSAND  TWENTY-THREE.
 REIMBURSEMENT  SHALL  BE  AVAILABLE  FOR  THE  COSTS ASSOCIATED WITH THE
 PROVISION OF INTERPRETATION SERVICES AT ALL LOCATIONS DURING  ALL  TIMES
 THAT  PATIENT  CARE  IS  AVAILABLE,  INCLUDING BUT NOT LIMITED TO HEALTH
 CARE, BILLING AND MAKING APPOINTMENTS.   TO BE ELIGIBLE  FOR  REIMBURSE-
 MENT,  THE  PROVISION  OF  INTERPRETATION SERVICES MUST BE DOCUMENTED IN
 SUCH A MANNER AS TO ENABLE REPORTING TO AND AUDIT BY  THE  COMMISSIONER.

 S. 5073                             3
 
 FOR  THE  PURPOSES  OF  THIS SUBDIVISION, "PATIENTS WITH LIMITED ENGLISH
 PROFICIENCY" MEANS PATIENTS WHOSE PRIMARY LANGUAGE IS  NOT  ENGLISH  AND
 WHO  CANNOT  SPEAK,  READ, WRITE OR UNDERSTAND THE ENGLISH LANGUAGE AT A
 LEVEL  SUFFICIENT  TO  PERMIT SUCH PATIENTS TO INTERACT EFFECTIVELY WITH
 HEALTH CARE PROVIDERS AND THEIR STAFF. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "INTERPRETATION SERVICES" REFERS TO LANGUAGE  ASSISTANCE  SERVICES
 PROVIDED  BY INDIVIDUALS WITH SUFFICIENT FLUENCY IN BOTH ENGLISH AND THE
 RELEVANT LANGUAGE TO COMMUNICATE INFORMATION NECESSARY FOR  THE  PATIENT
 TO  ACCESS  SERVICES  AND, IN THE CASE OF INTERPRETATION PROVIDED DURING
 THE COURSE OF A CLINICAL ENCOUNTER,  SERVICES  PROVIDED  BY  INDIVIDUALS
 TRAINED  AND  SKILLED IN MEDICAL INTERPRETING TECHNIQUES, SKILLS, ETHICS
 AND TERMINOLOGY.
   § 4. Subdivision 8 of section 2807 of the public health law is amended
 by adding a new paragraph (g) to read as follows:
   (G) SUBJECT TO RECEIPT OF ALL NECESSARY FEDERAL  APPROVALS,  RATES  OF
 PAYMENT  COMPUTED  IN  ACCORDANCE WITH THIS SUBDIVISION SHALL BE FURTHER
 ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWENTY OF THIS
 SECTION.
   § 5. 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  PROVISION OF LAW TO THE CONTRARY, THE FULL
 AMOUNT EXPENDED FOR INTERPRETATION SERVICES PROVIDED PURSUANT TO  SUBDI-
 VISION  THIRTY-SIX OF SECTION TWENTY-EIGHT HUNDRED SEVEN-C OF THE PUBLIC
 HEALTH LAW, OR SUBPARAGRAPH (III) OF PARAGRAPH (G) OF SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE PUBLIC HEALTH LAW, OR SUBDIVI-
 SION TWENTY-THREE OF SECTION TWENTY-EIGHT HUNDRED SEVEN  OF  THE  PUBLIC
 HEALTH  LAW,  AFTER  FIRST  DEDUCTING  THEREFROM  FEDERAL FUNDS PROPERLY
 RECEIVED OR TO BE RECEIVED ON ACCOUNT OF SUCH EXPENDITURES.
   § 6. Notwithstanding any provision of law, rule or regulation  to  the
 contrary,  the  effectiveness  of  subdivisions  4,  7,  7-a, and 7-b of
 section 2807 of the public health law, and section 18 of  chapter  2  of
 the  laws of 1988, as they relate to time frames for notice, approval or
 certification of rates of payment,  and  to  the  requirement  of  prior
 notice  of rates of payment, are hereby suspended and shall for purposes
 of implementing the provisions of this act be deemed to have been  with-
 out  any force and effect from and after February 1, 2023 for such rates
 effective for the period April 1, 2023 through March 31, 2024.
   § 7.  This act shall take effect on  the  one  hundred  twentieth  day
 after  it  shall  have become a law.  Effective immediately, the commis-
 sioner of health is immediately authorized to promulgate,  amend  and/or
 repeal  any  rules and regulations necessary to implement the provisions
 of this act on its effective date.