Removes the requirement that federal participation must be provided for free-standing mental health clinics to be paid state funding owed to them for uncompensated care rendered.
STATE OF NEW YORK
________________________________________________________________________
7663
IN SENATE
May 12, 2016
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to funding for free-
standing mental health clinics
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 2807-p of the public health law,
2 as added by section 103 of part C of chapter 58 of the laws of 2009, is
3 amended to read as follows:
4 10. (a) Notwithstanding any inconsistent provision of this section or
5 any other contrary provision of law, the commissioner is authorized to
6 seek a waiver from the federal department of health and human services
7 pursuant to section eleven hundred fifteen of the federal social securi-
8 ty act, or such other federal law provision as may be deemed appropri-
9 ate, seeking federal financial participation in payments made pursuant
10 to this section, in which case the state funding made available pursuant
11 to this section shall be utilized as the non-federal share of such
12 payments. To the extent as may be required, payments made pursuant to
13 this section and in accordance with this subdivision, may be deemed to
14 be disproportionate share hospital payments in accordance with the
15 provisions of the federal social security act.
16 (b) [If federal financial participation in payments made pursuant to
17 this section are made available in accordance with the provisions of
18 this subdivision, free-standing] Free-standing clinics licensed solely
19 pursuant to article thirty-one of the mental hygiene law shall also be
20 deemed eligible for participation in such payments to the same degree
21 and in accordance with the same distribution methodology otherwise
22 provided in this section, provided, however, that only those units of
23 service provided by such free-standing clinics that constitute medical
24 services that are otherwise eligible for consideration for Medicaid
25 payments shall be reflected in distributions made pursuant to this
26 section, and further provided, however, that the commissioner may, in
27 consultation with the commissioner of the office of mental health,
28 require such clinics, as a condition of receiving such distributions, to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15406-01-6
S. 7663 2
1 provide reports and data to the department as the commissioner deems
2 necessary to adequately implement the provisions of this subdivision
3 with regard to such clinics.
4 § 2. This act shall take effect immediately.
