New York Assembly Bill A05133 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5133 2023-2024 Regular Sessions  IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law and the state finance law, in relation to an ambulance service assessment fee The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 3033 to read as follows: 3 § 3033. Ambulance service assessment. 1. The department shall charge 4 every ambulance service a uniform ambulance assessment fee, provided 5 that the fee shall not apply to any municipal fire department, police 6 department, or other government entity that provides emergency medical 7 services, any ambulance service that exclusively provides emergency 8 medical care by aircraft, or any provider required to pay an assessment 9 on ambulance service revenue under article twenty-eight of this chapter. 10 2. The uniform assessment fee shall be assessed on each ambulance 11 service covered under this section at a rate of at least five and three- 12 quarters percent of a covered ambulance service's annual revenue, 13 provided however that the commissioner, in consultation with the direc- 14 tor of the division of the budget, may set such fee at a rate no greater 15 than the maximum limit allowable under 42 C.F.R. 433.68(f). The depart- 16 ment shall set and implement such fees using the best data available in 17 consultation with stakeholders, including trade associations represent- 18 ing ambulance providers subject to such assessment, and shall update 19 such fees on a periodic basis but at least annually. 20 3. All fees collected under this section shall be expended by the 21 commissioner in a timely manner and solely for purposes of increasing 22 medical assistance payment rates for ambulance services subject to such 23 fees to more closely align with the average commercial rate of payment, 24 and ensuring adequacy of the ambulance services in a region as defined 25 by the commissioner, and to cover the reasonable administrative expenses 26 of the department in administering the fund. Such monies shall not be 27 used to reduce or replace other payment commitments by the state. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00572-01-3 
 A. 5133 2 1 4. Fees collected under this section shall be held in a fund adminis- 2 tered by the department as set forth in section ninety-seven-q-1 of the 3 state finance law. 4 5. The department may impose penalties for any ambulance service that 5 fails to pay the fee within the time required by the department. 6 6. Fees under this section shall be collected only if federal finan- 7 cial participation is available for expenditures incurred under this 8 section. Any fees collected but not expended in a fiscal year shall 9 remain available for expenditure in subsequent fiscal years. The 10 department shall submit all necessary documentation for federal approval 11 of this program, including amendments to the state plan under title XIX 12 of the federal social security act, necessary to implement this section 13 within one hundred eighty days of the effective date of this section. 14 § 2. The state finance law is amended by adding a new section 97-q-1 15 to read as follows: 16 § 97-q-1. Statewide ambulance fund; assessment of annual fees on ambu- 17 lance services. 1. There is hereby established in the custody of the 18 comptroller, a special fund to be known as the "statewide ambulance 19 fund". 20 2. The fund shall consist of: 21 (a) all fees or penalties collected pursuant to section three thousand 22 thirty-three of the public health law; 23 (b) an amount equal to any federal financial participation revenues 24 claimed and received by the state for eligible expenditures to be made 25 from the fund; 26 (c) any appropriation or other revenue authorized by or required by 27 law to be credited to the fund; and 28 (d) interest earned on any money in the fund. 29 3. Amounts credited to the fund shall be expended solely for Medicaid 30 payments to ambulance services subject to fees pursuant to section three 31 thousand thirty-three of the public health law, and an amount not to 32 exceed the actual and reasonable administrative expenses of the depart- 33 ment of health to administer the fund. After payment of the administra- 34 tive expenses of the department of health, the revenues of the fund 35 shall be expended exclusively for Medicaid payments to ambulance 36 services subject to such fees in accordance with section three thousand 37 thirty-three of the public health law and shall supplement not supplant 38 existing state payments for ambulance services. 39 4. The department of health shall assess the fee described in section 40 three thousand thirty-three of the public health law only upon approval 41 from the Centers for Medicare and Medicaid Services authorizing 42 enhanced Medicaid payments. 43 5. (a) If the Centers for Medicare and Medicaid Services rescinds 44 approval of the Medicaid payments made to ambulance services, then all 45 monies in the fund shall be returned to the ambulance services, pro rata 46 by contribution amount. 47 (b) If the commissioner of health determines the fee cannot be 48 collected as required by section three thousand thirty-three of the 49 public health law, all monies in the fund shall be returned to the 50 applicable ambulance services pro rata by contribution amount. 51 6. The commissioner of health may order disbursement from the fund in 52 accordance with a schedule of payments to ambulance service providers 53 that have contributed to such fund, as provided in section three thou- 54 sand thirty-three of the public health law. 55 § 3. This act shall take effect immediately.