New York Assembly Bill A04408 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4408 2023-2024 Regular Sessions  IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. REYES, DICKENS, BICHOTTE HERMELYN, CUNNINGHAM, GUNTHER, GLICK, JACOBSON, JEAN-PIERRE, SIMON, HEVESI, AUBRY, EPSTEIN, FALL, HUNTER -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to reimbursement for early and periodic screening, diagnosis and treatment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 3 of section 368-d of the social 2 services law, as amended by section 54 of part B of chapter 58 of the 3 laws of 2009, are amended to read as follows: 4 1. The department of health shall review claims for expenditures made 5 by or on behalf of local public school districts, and state 6 operated/state supported schools which operate pursuant to article 7 eighty-five, eighty-seven or eighty-eight of the education law, for 8 medical care, services and supplies which are furnished to children with 9 handicapping conditions or such children suspected of having handicap- 10 ping conditions, as such children are defined in the education law. The 11 department of health shall also review claims for expenditures for early 12 and periodic screening, diagnosis and treatment and other health 13 services, care and supplies which are furnished to eligible children 14 regardless of whether the children have handicapping conditions, are 15 suspected of having handicapping conditions or have an individualized 16 education plan. If approved by the department, payment for such medical 17 care, services and supplies which would otherwise qualify for reimburse- 18 ment under this title and which are furnished in accordance with this 19 title and the regulations of the department to such children, shall be 20 made in accordance with the department's approved medical assistance fee 21 schedules by payment to such local public school district, and state 22 operated/state supported schools which operate pursuant to article 23 eighty-five, eighty-seven or eighty-eight of the education law, which 24 furnished the care, services or supplies either directly or by contract. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04561-01-3 
 A. 4408 2 1 3. The department of health shall apply for all necessary federal 2 approvals to implement the provisions of this section. The provisions of 3 this section shall be of no force and effect unless all necessary 4 approvals under federal law and regulation have been obtained to receive 5 federal financial participation in the costs of health care services 6 provided pursuant to this section. 7 § 2. Subdivision 1 and the closing paragraph of section 368-e of the 8 social services law, as amended by section 55 of part B of chapter 58 of 9 the laws of 2009, are amended to read as follows: 10 1. The department of health shall review claims for expenditures made 11 by counties and the city of New York for medical care, services and 12 supplies which are furnished to preschool children with handicapping 13 conditions or such preschool children suspected of having handicapping 14 conditions, as such children are defined in the education law. The 15 department of health shall also review claims for expenditures for early 16 and periodic screening, diagnosis and treatment and other health 17 services, care and supplies which are furnished to eligible pre-school 18 children regardless of whether the pre-school children have handicapping 19 conditions, are suspected of having handicapping conditions or have an 20 individualized education plan. If approved by the department, payment 21 for such medical care, services and supplies which would otherwise qual- 22 ify for reimbursement under this title and which are furnished in 23 accordance with this title and the regulations of the department to such 24 children, shall be made in accordance with the department's approved 25 medical assistance fee schedules by payment to such county or city which 26 furnished the care, services or supplies either directly or by contract. 27 Notwithstanding any provisions of law, rule or regulation to the contra- 28 ry, any clinic or diagnostic and treatment center licensed under article 29 twenty-eight of the public health law, which as determined by the state 30 education department, in conjunction with the department of health, has 31 a less than arms length relationship with the provider approved under 32 section forty-four hundred ten of the education law shall, subject to 33 the approval of the department and based on standards developed by the 34 department, be authorized to directly submit such claims for medical 35 assistance, services or supplies so furnished for any period beginning 36 on or after July first, nineteen hundred ninety-seven. The actual full 37 cost of the individualized education program (IEP) related services 38 incurred by the clinic shall be reported on the New York State Consol- 39 idated Fiscal Report in the education law section forty-four hundred ten 40 program cost center in which the student is placed and the associated 41 medical assistance revenue shall be reported in the same manner. 42 6. The department of health shall apply for all necessary federal 43 approvals to implement the provisions of this section. The provisions of 44 this section shall be of no force and effect unless all necessary 45 approvals under federal law and regulation have been obtained to receive 46 federal financial participation in the costs of health care services 47 provided pursuant to this section. 48 § 3. This act shall take effect immediately.