S 1138
Version: Introduced
Author: Parker
STATE OF NEW YORK
1138
2011-2012 Regular Sessions
IN SENATE
January 5, 2011
Introduced by Sen. PARKER -read twice and ordered printed, and when printed to
be committed to the Committee on Health
AN ACT to amend the public health law and the social services law, in relation
to providing Medicaid reimbursement for interpretation services provided by
hospital inpatient and outpatient departments
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
Section 1. Section 2807-c of the public health law is amended by adding a new
subdivision 34 to read as follows:
34. Interpretation services. (a) Notwithstanding any provision of law,
rule or regulation to the contrary, the commissioner shall adjust inpatient
medical assistance rates of payment to provide reimbursement for the costs
associated with the provision of interpretation services for patients in
receipt of medical assistance who have limited English proficiency.
Reimbursement shall be available for the costs associated with the provision of
interpretation services at all locations during all times that patient care is
available, including but not limited to health care, billing and making
appointments. To be eligible for reimbursement, the provision of interpretation
services must be documented in such a manner as to enable reporting to and
audit by the commissioner.
(b) Such adjustment shall be made for discharges on and after the first of
April, two thousand twelve.
(c) For purposes of this subdivision, "patients with limited English
proficiency" means patients whose primary language is not English and who
cannot speak, read, write or understand the English language at a level
sufficient to permit such patients to interact effectively with health care
providers and their staff.
(d) For the purposes of this subdivision, "interpretation services" refers
to language assistance services provided by individuals with proven bilingual
skills in both English and the relevant language to communicate information
necessary for the patient to access services and, in the case of interpretation
services provided during the course of a clinical encounter, services provided
by individuals trained and skilled in medical interpreting techniques, ethics
and terminology.
Section 2. Paragraph (g) of subdivision 2 of section 2807 of the public health
law is amended by adding a new subparagraph (iii) to read as follows:
(iii) Notwithstanding any provision of law, rule or regulation to the
contrary, the commissioner shall adjust rates of payment for general hospital
outpatient and emergency services to provide reimbursement for the costs
associated with the provision of interpretation services for patients in
receipt of medical assistance who have limited English proficiency. Such
adjustment shall be made for outpatient and emergency services provided on and
after April first, two thousand twelve. Reimbursement shall be available for
the costs associated with the provision of interpretation services at all
locations during all times that patient care is available, including but not
limited to health care, billing and making appointments. To be eligible for
reimbursement, the provision of interpretation services must be documented in
such a manner as to enable reporting to and audit by the commissioner. For the
purposes of this subparagraph, "patients with limited English proficiency"
means patients whose primary language is not English and who cannot speak,
read, write or understand the English language at a level sufficient to permit
such patients to interact effectively with health care providers and their
staff. For purposes of this subdivision, "interpretation services" refers to
language assistance services provided by individuals with sufficient fluency in
both English and the relevant language to communicate information necessary for
the patient to access services and, in the case of interpretation provided
during the course of a clinical encounter, services provided by individuals
trained and skilled in medical interpreting techniques, skills, ethics and
terminology. Hospitals must use a skilled interpreter or translation service
until such time as rules and regulations are promulgated by the commissioner.
After such rules and regulations are promulgated, hospitals shall use
individuals who meet such criteria in order to receive reimbursement. No
reimbursement shall be provided when a patient who has been informed in his or
her primary language of the availability of free interpretation and translation
services requests the use of family, friends or others who are not formally
trained in translation or interpretation.
Section 3. Section 2807 of the public health law is amended by adding a new
subdivision 20 to read as follows:
20. Notwithstanding any provision of law, rule or regulation to the
contrary, the commissioner shall adjust rates of payment for diagnostic and
treatment centers licensed pursuant to this article to provide reimbursement
for the costs associated with the provision of interpretation services for
patients in receipt of medical assistance who have limited English proficiency.
Such adjustments shall be made for services provided at diagnostic and
treatment centers licensed pursuant to this article on and after April first,
two thousand twelve. Reimbursement shall be available for the costs associated
with the provision of interpretation services at all locations during all times
that patient care is available, including but not limited to health care,
billing and making appointments. To be eligible for reimbursement, the
provision of interpretation services must be documented in such a manner as to
enable reporting to and audit by the commissioner. For the purposes of this
subdivision, "patients with limited English proficiency" means patients whose
primary language is not English and who cannot speak, read, write or understand
the English language at a level sufficient to permit such patients to interact
effectively with health care providers and their staff. For the purposes of
this subdivision, "interpretation services" refers to language assistance
services provided by individuals with sufficient fluency in both English and
the relevant language to communicate information necessary for the patient to
access services and, in the case of interpretation provided during the course
of a clinical encounter, services provided by individuals trained and skilled
in medical interpreting techniques, skills, ethics and terminology.
Section 4. Subdivision 8 of section 2807 of the public health law is amended by
adding a new paragraph (g) to read as follows:
(g) Subject to receipt of all necessary federal approvals, rates of
payment computed in accordance with this subdivision shall be further adjusted
in accordance with the provisions of subdivision twenty of this section.
Section 5. Subdivision 1 of section 368-a of the social services law is amended
by adding a new paragraph (aa) to read as follows:
(aa) Notwithstanding any provision of law to the contrary, the full amount
expended for interpretation services provided pursuant to subdivision
thirty-four of section twenty-eight hundred seven-c of the public health law,
or subparagraph (iii) of paragraph (g) of subdivision two of section
twenty-eight hundred seven of the public health law, or subdivision twenty of
section twenty-eight hundred seven of the public health law, after first
deducting therefrom federal funds properly received or to be received on
account of such expenditures.
Section 6. Notwithstanding any provision of law, rule or regulation to the
contrary, the effectiveness of subdivisions 4, 7, 7-a, and 7-b of section 2807
of the public health law, and section 18 of chapter 2 of the laws of 1988, as
they relate to time frames for notice, approval or certification of rates of
payment, and to the requirement of prior notice of rates of payment, are hereby
suspended and shall for purposes of implementing the provisions of this act be
deemed to have been without any force and effect from and after February 1,
2012 for such rates effective for the period April 1, 2012 through March 31,
2013.
Section 7. This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided that the commissioner of health is
immediately authorized and directed to promulgate, amend and/or repeal any
rules and regulations necessary to implement the provisions of this act on its
effective date.