New York Social Services Code § 367-A

Payments; insurance
Open in Lexace · Ask the AI about this section
§ 367-a. Payments; insurance. 1. (a) Any inconsistent provision of\nthis chapter or other law notwithstanding, no assignment of the claim of\nany supplier of medical assistance shall be valid and enforceable as\nagainst any social services district or the department, and any payment\nwith respect to any medical assistance shall be made to the person,\ninstitution, state department or agency or municipality supplying such\nmedical assistance at rates established by the appropriate social\nservices district and contained in its approved local medical plan,\nexcept as otherwise permitted or required by applicable federal and\nstate provisions, including the regulations of the department; provided,\nhowever, that for those districts for whom the department has assumed\npayment responsibilities pursuant to section three hundred sixty-seven-b\nof this chapter, rates shall be established by the department, except as\notherwise required by applicable provisions of federal or state law. A\nsocial services official may apply to the department for local\nvariations in rates to be applicable, upon approval by the department,\nto recipients for whom such district is responsible. Claims for payment\nshall be made in such form and manner as the department shall determine.\n  (b) Where an applicant for or recipient of public assistance or\nmedical assistance has health insurance in force, is enrolled in a group\nhealth insurance plan or group health plan covering care and other\nmedical benefits provided under this title, payment or part-payment of\nthe premium, co-insurance, any deductible amounts and other cost-sharing\nobligations for such insurance may also be made when deemed\ncost-effective pursuant to the regulations of the department.\n  (c) Any inconsistent provisions of this title or other law\nnotwithstanding and to the extent that federal financial participation\nis available therefor and in accordance with the regulations of the\ncommissioner, payment of the premium for coverage under a group health\ninsurance plan or group health plan may be made under the medical\nassistance program on behalf of a person not otherwise entitled to\npublic assistance or medical assistance if the social services official\ndetermines that the savings in expenditures to the program as a result\nof such coverage are likely to exceed the amount of the premiums paid\nand such person has:\n  (i) income (as determined in accordance with the methodology used to\ndetermine eligibility for benefits under the federal supplemental\nsecurity income program) in an amount less than or equal to one hundred\nper cent of the federal income official poverty line (as defined and\nannually revised by the federal office of management and budget)\napplicable to the person's family size;\n  (ii) resources (as determined in accordance with the methodology used\nto determine eligibility for benefits under the federal supplemental\nsecurity income program) less than or equal to twice the maximum amount\nan individual is permitted to have to obtain benefits under the federal\nsupplemental security income program; and\n  (iii) coverage available under a group health insurance plan or an\nemployer-based group health plan provided pursuant to title XXII of the\nfederal public health services act, section 4980B of the federal\ninternal revenue code of 1986, or title VI of the employee retirement\nincome security act of 1974.\n  (d) (i) Amounts payable under this title for medical assistance for\nitems and services provided to eligible persons who are also\nbeneficiaries under part A of title XVIII of the federal social security\nact and items and services provided to qualified medicare beneficiaries\nunder part A of title XVIII of the federal social security act shall not\nbe less than the amount of any deductible and co-insurance liability of\nsuch eligible persons or for which such eligible persons or such\nqualified medicare beneficiaries would be liable under federal law wer

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.