STATE OF NEW YORK
February 23, 2022
Introduced by M. of A. McDONALD, GUNTHER -- read once and referred to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to authorize and direct the commissioner of health to establish a
portable diagnostics program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any inconsistent provision of law, rule or
2 regulation to the contrary, (a) the commissioner of health is authorized
3 and directed to establish a portable diagnostics program that demon-
4 strates the cost-effectiveness of medical assistance coverage of port-
5 able diagnostic services, including X-rays, electrocardiograms, echocar-
6 diograms and ultrasounds, provided to medical assistance recipients
7 enrolled in both fee-for-service Medicaid and Medicaid managed care.
8 Such services shall include those allowable and or provided by portable
9 diagnostic providers as authorized by title 42 of the code of federal
10 regulations. Portable X-ray providers participating in the program shall
11 be certified to participate under Title XVIII of the Federal Social
12 Security Act. Medical services shall be limited to those allowable under
13 Title XVIII of the Federal Social Security Act. Services shall be
14 provided, as medically necessary, in setting locations as authorized by
15 Title XVIII of the Federal Social Security Act.
16 (b) The commissioner of health is authorized to reimburse portable
17 diagnostics at the medicare fee schedule by current procedural terminol-
18 ogy codes, transportation codes, and set-up codes. Such rates of
19 reimbursement shall apply to Medicaid recipients enrolled in fee-for-
20 service Medicaid, Medicaid managed care, and Medicaid managed long-term
22 (c) The department of health is hereby directed to analyze relevant
23 data and report to the legislature by December 31, 2024. Such report
24 shall include a cost comparison of portable diagnostics, including
25 X-rays, electrocardiograms, echocardiograms and ultrasounds, provided in
26 an authorized portable diagnostic setting compared to the same procedure
27 in a hospital, urgent care and emergency room setting.
28 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.