S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9237
 
                           I N  A S S E M B L Y
 
                             February 22, 2024
                                ___________
 
 Introduced  by M. of A. HEVESI, DINOWITZ, PAULIN, STIRPE, SAYEGH, DeSTE-
   FANO, SMULLEN -- Multi-Sponsored by -- M. of A. AUBRY,  COLTON,  COOK,
   J. M. GIGLIO, GUNTHER, LUPARDO, PALMESANO, PEOPLES-STOKES -- 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07602-01-3
 A. 9237                             2

 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-FOUR, AFTER FIRST DEDUCTING  THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY
 RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF.
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law, provided that  the  amend-
 ments 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.