N.Y. Social Services Law § 367-y: Reimbursement for treatment in place and transportation to alternative health care settings

§ 367-y. Reimbursement for treatment in place and transportation to

alternative health care settings. 1. Notwithstanding any provision of

law to the contrary, any provision of this title providing for

reimbursement of transportation costs for an ambulance service shall

also apply where, instead of providing transportation to a general

hospital, such ambulance service when responding to an emergency call:

(a) Administers treatment in place, including but not limited to

telehealth visits approved by Medicaid for reimbursement when deemed

necessary; and/or

(b) Transports an individual to an alternative health care setting.

2. For the purposes of this section, the following terms shall have

the following meanings:

(a) "Alternative health care setting" means the following facilities

or institutions approved by Medicaid for reimbursement and accepting

Medicaid recipients:

(i) a crisis stabilization center or certified community behavioral

health clinic operating pursuant to article thirty-six of the mental

hygiene law;

(ii) a facility under section 7.17 of the mental hygiene law;

(iii) a facility providing addiction disorder services or behavioral

health services, as such terms are defined by section 1.03 of the mental

hygiene law;

(iv) a diagnostic and treatment center established pursuant to article

twenty-eight of the public health law, or an upgraded diagnostic and

treatment center designated as such pursuant to section twenty-nine

hundred fifty-six of the public health law;

(v) a federally qualified health center; or

(vi) an urgent care center, which for the purposes of this section

shall mean a facility that provides episodic care related to an acute

illness or minor traumas that are not life-threatening or permanently

disabling.

(b) "Ambulance service" shall have the same meaning as defined by

section three thousand one of the public health law.

(c) "General hospital" shall have the same meaning as defined by

section twenty-eight hundred one of the public health law.

(d) "Treatment in place" means the administration of emergency medical

services, as defined by section three thousand one of the public health

law, by an employee or volunteer of an ambulance service. Such services

shall be consistent with protocols promulgated pursuant to article

thirty of the public health law.

3. This section shall be effective if, and as long as, federal

financial participation is available therefor.

4. Nothing in this section shall be deemed to allow a person to

provide any service for which a license, registration, certification or

other authorization under title eight of the education law is required

and which the person does not possess.