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
________________________________________________________________________
1786
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. REYES, BICHOTTE HERMELYN, CUNNINGHAM, GLICK,
JACOBSON, SIMON, HEVESI, EPSTEIN, GONZALEZ-ROJAS, CLARK, BORES, FALL,
HUNTER, LUNSFORD, SEAWRIGHT, LEVENBERG, COOK, SIMONE, KELLES, RAGA,
ROSENTHAL, OTIS, ROZIC -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01899-01-5
A. 1786 2
1 eighty-five, eighty-seven or eighty-eight of the education law, which
2 furnished the care, services or supplies either directly or by contract.
3 3. The department of health shall apply for all necessary federal
4 approvals to implement the provisions of this section. The provisions of
5 this section shall be of no force and effect unless all necessary
6 approvals under federal law and regulation have been obtained to receive
7 federal financial participation in the costs of health care services
8 provided pursuant to this section.
9 § 2. Subdivision 1 and the closing paragraph of section 368-e of the
10 social services law, as amended by section 55 of part B of chapter 58 of
11 the laws of 2009, are amended to read as follows:
12 1. The department of health shall review claims for expenditures made
13 by counties and the city of New York for medical care, services and
14 supplies which are furnished to preschool children with handicapping
15 conditions or such preschool children suspected of having handicapping
16 conditions, as such children are defined in the education law. The
17 department of health shall also review claims for expenditures for early
18 and periodic screening, diagnosis and treatment and other health
19 services, care and supplies which are furnished to eligible pre-school
20 children regardless of whether the pre-school children have handicapping
21 conditions, are suspected of having handicapping conditions or have an
22 individualized education plan. If approved by the department, payment
23 for such medical care, services and supplies which would otherwise qual-
24 ify for reimbursement under this title and which are furnished in
25 accordance with this title and the regulations of the department to such
26 children, shall be made in accordance with the department's approved
27 medical assistance fee schedules by payment to such county or city which
28 furnished the care, services or supplies either directly or by contract.
29 Notwithstanding any provisions of law, rule or regulation to the contra-
30 ry, any clinic or diagnostic and treatment center licensed under article
31 twenty-eight of the public health law, which as determined by the state
32 education department, in conjunction with the department of health, has
33 a less than arms length relationship with the provider approved under
34 section forty-four hundred ten of the education law shall, subject to
35 the approval of the department and based on standards developed by the
36 department, be authorized to directly submit such claims for medical
37 assistance, services or supplies so furnished for any period beginning
38 on or after July first, nineteen hundred ninety-seven. The actual full
39 cost of the individualized education program (IEP) related services
40 incurred by the clinic shall be reported on the New York State Consol-
41 idated Fiscal Report in the education law section forty-four hundred ten
42 program cost center in which the student is placed and the associated
43 medical assistance revenue shall be reported in the same manner.
44 6. The department of health shall apply for all necessary federal
45 approvals to implement the provisions of this section. The provisions of
46 this section shall be of no force and effect unless all necessary
47 approvals under federal law and regulation have been obtained to receive
48 federal financial participation in the costs of health care services
49 provided pursuant to this section.
50 § 3. This act shall take effect immediately.
