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This entry was published on 2024-10-04
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SECTION 367-Y
Reimbursement for treatment in place and transportation to alternative health care settings
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 11
§ 367-y. Reimbursement for treatment in place and transportation to
alternative health care settings. 1. Notwithstanding any provision of
law to the contrary, any provision of this title providing for
reimbursement of transportation costs for an ambulance service shall
also apply where, instead of providing transportation to a general
hospital, such ambulance service when responding to an emergency call:

(a) Administers treatment in place, including but not limited to
telehealth visits approved by Medicaid for reimbursement when deemed
necessary; and/or

(b) Transports an individual to an alternative health care setting.

2. For the purposes of this section, the following terms shall have
the following meanings:

(a) "Alternative health care setting" means the following facilities
or institutions approved by Medicaid for reimbursement and accepting
Medicaid recipients:

(i) a crisis stabilization center or certified community behavioral
health clinic operating pursuant to article thirty-six of the mental
hygiene law;

(ii) a facility under section 7.17 of the mental hygiene law;

(iii) a facility providing addiction disorder services or behavioral
health services, as such terms are defined by section 1.03 of the mental
hygiene law;

(iv) a diagnostic and treatment center established pursuant to article
twenty-eight of the public health law, or an upgraded diagnostic and
treatment center designated as such pursuant to section twenty-nine
hundred fifty-six of the public health law;

(v) a federally qualified health center; or

(vi) an urgent care center, which for the purposes of this section
shall mean a facility that provides episodic care related to an acute
illness or minor traumas that are not life-threatening or permanently
disabling.

(b) "Ambulance service" shall have the same meaning as defined by
section three thousand one of the public health law.

(c) "General hospital" shall have the same meaning as defined by
section twenty-eight hundred one of the public health law.

(d) "Treatment in place" means the administration of emergency medical
services, as defined by section three thousand one of the public health
law, by an employee or volunteer of an ambulance service. Such services
shall be consistent with protocols promulgated pursuant to article
thirty of the public health law.

3. This section shall be effective if, and as long as, federal
financial participation is available therefor.

4. Nothing in this section shall be deemed to allow a person to
provide any service for which a license, registration, certification or
other authorization under title eight of the education law is required
and which the person does not possess.