Requires the department of health to review claims for expenditures for early and periodic screening, diagnosis and treatment and other health services, care and supplies which are furnished to eligible children and pre-school children regardless of whether such children have handicapping conditions, are suspected of having handicapping conditions or have an individualized education plan; requires the department of health to apply for all necessary federal approvals regarding such expenditures.
STATE OF NEW YORK
________________________________________________________________________
8639
IN SENATE
March 23, 2022
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed 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.
25 3. The department of health shall apply for all necessary federal
26 approvals to implement the provisions of this section. The provisions of
27 this section shall be of no force and effect unless all necessary
28 approvals under federal law and regulation have been obtained to receive
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14793-01-2
S. 8639 2
1 federal financial participation in the costs of health care services
2 provided pursuant to this section.
3 § 2. Subdivision 1 and the closing paragraph of section 368-e of the
4 social services law, as amended by section 55 of part B of chapter 58 of
5 the laws of 2009, are amended to read as follows:
6 1. The department of health shall review claims for expenditures made
7 by counties and the city of New York for medical care, services and
8 supplies which are furnished to preschool children with handicapping
9 conditions or such preschool children suspected of having handicapping
10 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 pre-school
14 children regardless of whether the pre-school children have handicapping
15 conditions, are suspected of having handicapping conditions or have an
16 individualized education plan. If approved by the department, payment
17 for such medical care, services and supplies which would otherwise qual-
18 ify for reimbursement under this title and which are furnished in
19 accordance with this title and the regulations of the department to such
20 children, shall be made in accordance with the department's approved
21 medical assistance fee schedules by payment to such county or city which
22 furnished the care, services or supplies either directly or by contract.
23 Notwithstanding any provisions of law, rule or regulation to the contra-
24 ry, any clinic or diagnostic and treatment center licensed under article
25 twenty-eight of the public health law, which as determined by the state
26 education department, in conjunction with the department of health, has
27 a less than arms length relationship with the provider approved under
28 section forty-four hundred ten of the education law shall, subject to
29 the approval of the department and based on standards developed by the
30 department, be authorized to directly submit such claims for medical
31 assistance, services or supplies so furnished for any period beginning
32 on or after July first, nineteen hundred ninety-seven. The actual full
33 cost of the individualized education program (IEP) related services
34 incurred by the clinic shall be reported on the New York State Consol-
35 idated Fiscal Report in the education law section forty-four hundred ten
36 program cost center in which the student is placed and the associated
37 medical assistance revenue shall be reported in the same manner.
38 6. The department of health shall apply for all necessary federal
39 approvals to implement the provisions of this section. The provisions of
40 this section shall be of no force and effect unless all necessary
41 approvals under federal law and regulation have been obtained to receive
42 federal financial participation in the costs of health care services
43 provided pursuant to this section.
44 § 3. This act shall take effect immediately.
