Assembly Bill A5133

2023-2024 Legislative Session

Establishes a uniform ambulance assessment fee

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Current Bill Status - In Assembly 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

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2023-A5133 (ACTIVE) - Details

See Senate Version of this Bill:
S5122
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §3033, Pub Health L; add §97-q-1, St Fin L
Versions Introduced in 2021-2022 Legislative Session:
A9884, S8868

2023-A5133 (ACTIVE) - Summary

Establishes a uniform ambulance assessment fee on the annual revenues of certain ambulance services to be expended for increasing medical assistance payment rates for ambulance services.

2023-A5133 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5133
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the  public health law and the state finance 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 THE COMMISSIONER, IN CONSULTATION WITH THE  DIREC-
 TOR OF THE DIVISION OF THE BUDGET, MAY SET SUCH FEE AT A RATE NO GREATER
 THAN THE MAXIMUM LIMIT ALLOWABLE UNDER 42 C.F.R. 433.68(F).  THE DEPART-
 MENT  SHALL SET AND IMPLEMENT SUCH FEES USING THE BEST DATA AVAILABLE IN
 CONSULTATION WITH STAKEHOLDERS, INCLUDING TRADE ASSOCIATIONS  REPRESENT-
 ING  AMBULANCE  PROVIDERS  SUBJECT  TO SUCH ASSESSMENT, AND SHALL UPDATE
 SUCH FEES ON A PERIODIC BASIS BUT AT LEAST ANNUALLY.
   3.  ALL FEES COLLECTED UNDER THIS SECTION SHALL  BE  EXPENDED  BY  THE
 COMMISSIONER  IN  A  TIMELY MANNER AND SOLELY FOR PURPOSES OF INCREASING
 MEDICAL ASSISTANCE PAYMENT RATES FOR AMBULANCE SERVICES SUBJECT TO  SUCH
 FEES  TO MORE CLOSELY ALIGN WITH THE AVERAGE COMMERCIAL RATE OF PAYMENT,
 AND ENSURING ADEQUACY OF THE AMBULANCE SERVICES IN A REGION  AS  DEFINED
 BY THE COMMISSIONER, AND TO COVER THE REASONABLE ADMINISTRATIVE EXPENSES
 OF  THE  DEPARTMENT  IN ADMINISTERING THE FUND. SUCH MONIES SHALL NOT BE
 USED TO REDUCE OR REPLACE OTHER PAYMENT COMMITMENTS BY THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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