Bill Text: NY A01328 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to amounts payable under medical assistance; insures access to essential health care services and supplies by elderly and disabled individuals who are dually eligible for Medicaid and Medicare.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A01328 Detail]

Download: New_York-2015-A01328-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1328
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2015
                                      ___________
       Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CYMBROW-
         ITZ,  ENGLEBRIGHT,  MARKEY,  PEOPLES-STOKES,  RIVERA  -- read once and
         referred to the Committee on Health
       AN ACT to amend the social services law, in relation to amounts  payable
         under medical assistance
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (d) of subdivision 1  of  section  367-a  of  the
    2  social services law, as amended by section 1 of part J1 of chapter 63 of
    3  the  laws of 2003, subparagraph (iii) as amended by section 65 of part H
    4  of chapter 59 of the laws of 2011, is amended to read as follows:
    5    (d) [(i)] Amounts payable under this title for medical assistance  for
    6  items  and  services provided to eligible persons who are also benefici-
    7  aries under part A AND/OR PART B of title XVIII of  the  federal  social
    8  security act and items and services provided to qualified medicare bene-
    9  ficiaries  under  part  A  AND/OR  PART  B of title XVIII of the federal
   10  social security act shall not be less than the amount of any  deductible
   11  and  co-insurance  liability  of such eligible persons or for which such
   12  eligible persons or  such  qualified  medicare  beneficiaries  would  be
   13  liable  under  federal law were they not eligible for medical assistance
   14  or were they not qualified medicare beneficiaries with respect  to  such
   15  benefits under such part A AND/OR SUCH PART B.
   16    [(ii)  Amounts  payable  under  this  title for medical assistance for
   17  items and services provided to eligible persons who are  also  benefici-
   18  aries under part B of title XVIII of the federal social security act and
   19  items  and  services  provided to qualified medicare beneficiaries under
   20  part B of title XVIII of the federal social security act  shall  not  be
   21  less  than  the  amount  of  any  deductible  liability of such eligible
   22  persons or for which such eligible persons or  such  qualified  medicare
   23  beneficiaries  would  be liable under federal law were they not eligible
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06343-01-5
       A. 1328                             2
    1  for medical assistance or were they not qualified medicare beneficiaries
    2  with respect to such benefits under such part B.
    3    (iii)  When  payment under part B of title XVIII of the federal social
    4  security act for items and services provided to eligible persons who are
    5  also beneficiaries under part B of title XVIII  of  the  federal  social
    6  security  act  and for items and services provided to qualified medicare
    7  beneficiaries under part B of title XVIII of the federal social security
    8  act would exceed the amount that otherwise  would  be  made  under  this
    9  title  if provided to an eligible person other than a person who is also
   10  a beneficiary under part B or is a qualified medicare  beneficiary,  the
   11  amount  payable  for  services  covered under this title shall be twenty
   12  percent of the amount of any co-insurance  liability  of  such  eligible
   13  persons  pursuant  to  federal  law  were  they not eligible for medical
   14  assistance or  were  they  not  qualified  medicare  beneficiaries  with
   15  respect  to  such benefits under such part B; provided, however, amounts
   16  payable under this title for items and  services  provided  to  eligible
   17  persons who are also beneficiaries under part B or to qualified medicare
   18  beneficiaries  by an ambulance service under the authority of an operat-
   19  ing certificate issued pursuant to article thirty of the  public  health
   20  law,  a  psychologist  licensed under article one hundred fifty-three of
   21  the education law, or a facility under the  authority  of  an  operating
   22  certificate issued pursuant to article sixteen, thirty-one or thirty-two
   23  of  the  mental  hygiene law and with respect to outpatient hospital and
   24  clinic items and services provided by a facility under the authority  of
   25  an  operating certificate issued pursuant to article twenty-eight of the
   26  public health law, shall not be less than the amount of any co-insurance
   27  liability of such eligible persons or such qualified medicare  benefici-
   28  aries,  or  for  which  such eligible persons or such qualified medicare
   29  beneficiaries would be liable under federal law were they  not  eligible
   30  for medical assistance or were they not qualified medicare beneficiaries
   31  with respect to such benefits under part B.]
   32    S  2.  This  act  shall take effect immediately and shall be deemed to
   33  have been in full force and effect on and after July 1, 2003.