Bill Text: NY A10072 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits medical assistance providers from refusing to furnish care, services or supplies to any person who is entitled to receive such care, services or supplies under this title if such medical assistance provider furnishes the same care, services or supplies under the Medicare program pursuant to title XVIII of the federal social security act and the person is dually eligible under that program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-10 - print number 10072a [A10072 Detail]

Download: New_York-2019-A10072-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10072--A

                   IN ASSEMBLY

                                      March 6, 2020
                                       ___________

        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Health -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        AN  ACT  to  amend  the  social services law, in relation to prohibiting
          medical assistance providers from refusing to furnish  care,  services
          or  supplies  to  any  person  who  is  entitled to receive such care,
          services or supplies under Medicaid  because  benefits  payable  under
          Medicaid are payable as secondary insurance

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1  and  2  of  section  366-d  of  the  social
     2  services  law,  subdivision 1 as added by chapter 41 of the laws of 1992
     3  and subdivision 2 as amended by chapter 2  of  the  laws  of  1998,  are
     4  amended to read as follows:
     5    1. Definitions. As used in this section, "medical assistance provider"
     6  means  any  person,  firm,  partnership,  group, association, fiduciary,
     7  hospital, employer or representative thereof  or  other  entity  who  is
     8  furnishing  care, services or supplies under this title [eleven of arti-
     9  cle five of this chapter].
    10    2.  No medical assistance provider shall:
    11    (a)   solicit, receive, accept or  agree  to  receive  or  accept  any
    12  payment  or  other  consideration in any form from another person to the
    13  extent such payment or other consideration is given: (i) for the  refer-
    14  ral  of  services  for which payment is made under this title [eleven of
    15  article five of this chapter]; or (ii) to purchase, lease or  order  any
    16  good,  facility,  service  or  item for which payment is made under this
    17  title [eleven of article five of this chapter]; or
    18    (b)  offer, agree to give or give any payment or  other  consideration
    19  in  any  form  to  another  person  to  the extent such payment or other
    20  consideration is given: (i) for  the  referral  of  services  for  which
    21  payment  is  made under this title [eleven of article five of this chap-
    22  ter]; or (ii) to purchase, lease or order any good, facility, service or
    23  item for which payment is made under this title [eleven of article  five
    24  of this chapter]; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14420-04-0
        A. 10072--A                         2

     1    (c)  refuse to furnish care, services or supplies to any person who is
     2  entitled to receive such care, services or supplies under this title  if
     3  such  medical  assistance  provider furnishes the same care, services or
     4  supplies under the Medicare program  pursuant  to  title  XVIII  of  the
     5  federal    social  security  act and the person is dually eligible under
     6  that program.
     7    [(c) as] (d) As used in this section "person"  shall have the  meaning
     8  set forth in subdivision seven of section 10.00 of the penal law.
     9    [(d)  this]  (e)  This  subdivision  shall  not  apply to any activity
    10  specifically exempt by federal statute or federal regulations promulgat-
    11  ed thereunder.
    12    § 2. The commissioner of health shall make any amendments to the state
    13  plan for medical assistance, or apply for any waiver or  approval  under
    14  the  federal  social  security  act  that are necessary to carry out the
    15  provisions of this act.
    16    § 3. This act shall take effect on the one hundred ninetieth day after
    17  it shall have become a law. Effective immediately the  addition,  amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation  of  this act on its effective date are authorized to be made and
    20  completed on or before such date.