S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3223
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07602-01-3
              

 S. 3223                             2
 
 FISCAL YEAR FOLLOWING THE STATE FISCAL YEAR IN WHICH THE  PROVISIONS  OF
 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.