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S4557Senate2017-2018 SessionSame asA6120

Expand Medicaid for Rehab Tech

Official title

“Relates to Medicaid reimbursement for complex rehabilitation technology for patients with complex medical needs”

Sponsor Robert OrttSD-62+1 co-sponsorAffects Finance
Status
Vetoed
Impact
6/10
Moderate
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill requires Medicaid to reimburse for complex rehabilitation technology for patients with significant physical or functional impairments.

Why it matters

  1. Defines clear eligibility and standards. The bill carefully specifies who qualifies as a "complex needs patient," what counts as "complex rehabilitation technology," and what credentials suppliers and professionals must have. This structure aims to ensure only appropriate patients receive these highly specialized products and services.

  2. Sets strict supplier qualifications and oversight. Only suppliers with specific accreditation, in-state presence, certified staff, and the ability to both fit and repair equipment can provide these devices to Medicaid patients. This could improve patient safety, accountability, and long-term support for high-needs individuals.

  3. Mandates adequate reimbursement and billing systems. By requiring the state to maintain dedicated billing codes and reimbursement procedures (including minimum benchmarks for managed care), the bill seeks to sustain provider participation and timely patient access to complex rehabilitation equipment, potentially reducing delays and gaps in care.

  4. Aligns Medicaid with Medicare advancements. The legislation instructs New York Medicaid to quickly adopt new complex rehab technology billing codes as Medicare does, helping ensure that patients have access to the latest medically necessary technologies as they become recognized and available.

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Who cares

Headline styles

Expand Medicaid for Rehab Tech

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

Chair, Mental Health And Developmental Disabilities

History

  1. Vetoed memo.165
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.485
  6. Substituted for A6120B
  7. Referred to ways and means
  8. Delivered to assembly
  9. Passed senateVote 63–0
  10. Ordered to third reading cal.2029
  11. Committee discharged and committed to rules
  12. Print number 4557b
Show 5 earlier actions
  1. Amend (t) and recommit to finance
  2. Print number 4557a
  3. Amend (t) and recommit to finance
  4. Reported and committed to finance
  5. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6120Assembly

Cover Custom Rehab Tech

Assembly Floor Calendar · Sponsor John T. McDonald III

Impact 6 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4557--B

2017-2018 Regular Sessions

IN SENATE

February 17, 2017

Introduced by Sens. ORTT, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, in relation to Medicaid reimbursement for complex rehabilitation technology for patients with complex medical needs

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The social services law is amended by adding a new section 367-j to read as follows:

§ 367-j. Complex rehabilitation technology; reimbursement. 1. Definitions. As used in this section:

(a) "Complex needs patient" means a medical assistance enrollee with significant physical or functional impairment resulting from a medical condition or disease including, but not limited to: spinal cord injury, traumatic brain injury, cerebral palsy, muscular dystrophy, spina bifida, osteogenesis imperfecta, arthrogryposis, amyotrophic lateral sclerosis, multiple sclerosis, demyelinating disease, myelopathy, myopathy, progressive muscular atrophy, anterior horn cell disease, post-polio syndrome, cerebellar degeneration, dystonia, huntington's disease, spinocerebellar disease, and certain types of amputation, paralysis or paresis.

(b) "Complex rehabilitation technology" means products classified as durable medical equipment within the medicare program that are individually configured for individuals to meet their specific and unique medical, physical and functional needs and capacities for basic and functional activities of daily living. Such products include, but are

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04523-06-7

S. 4557--B 2

not limited to: individually configured manual and power wheelchairs and accessories, adaptive seating and positioning items and accessories, and other specialized equipment such as standing frames and gait trainers and accessories.

(c) "Individually configured" means a device with a combination of sizes, features, adjustments or modifications that are configured or designed by a qualified complex rehabilitation technology supplier for a specific individual by measuring, fitting, programming, adjusting or adapting the device so that the device is consistent with the individual's medical condition, physical and functional needs and capabilities, body size, period of need and intended use as determined by an assessment or evaluation by a qualified health care professional.

(d) "Qualified complex rehabilitation technology professional" means an individual who is certified as an assistive technology professional by a nationally-recognized rehabilitation engineering and assistive technology society.

(e) "Qualified complex rehabilitation technology supplier" means a company or entity that:

(i) is accredited by a nationally-recognized accrediting organization;

(ii) is an enrolled supplier for durable medical equipment under the federal medicare program and the medical assistance program under this title;

(iii) has at least one qualified complex rehabilitation technology professional available to analyze the needs and capacities of complex needs patients in consultation with a qualified health care professional and participate in the selection of appropriate complex rehabilitation technology and provide training in the proper use of the complex rehabilitation technology;

(iv) requires a qualified complex rehabilitation technology professional be physically present for the evaluation and determination of appropriate complex rehabilitation technology for complex needs patients;

(v) has the capability to provide service and repair by qualified technicians for all complex rehabilitation technology it sells;

(vi) has at least one retail vending location within New York state; and

(vii) provides written information regarding how to receive service and repair of complex rehabilitation technology to the complex needs patient prior to the ordering of such technology.

(f) "Qualified health care professional" means a health care professional licensed or otherwise authorized to practice under title eight of the education law, acting within his or her scope of practice.

2. Reimbursement and billing procedures. (a) The commissioner shall maintain specific reimbursement and billing procedures under this title for complex rehabilitation technology products to ensure that Medicaid payments for such products permit adequate access to such products and services for complex needs patients and take into account the significant resources, infrastructure, and staff needed.

(b) The commissioner shall monitor the addition of new billing codes for complex rehabilitation technology by the medicare program and shall expeditiously incorporate such codes under this subdivision.

(c) Where reimbursement rates for complex rehabilitation technology products provided under section forty-four hundred three-f of the public health law or section three hundred sixty-four-j of this title are determined by a managed care organization, they shall be determined consistent with this subdivision. The commissioner may establish minimum

S. 4557--B 3

benchmark reimbursement rates to be paid by managed care organizations under this paragraph.

§ 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the social services law, in relation to Medicaid reimbursement for complex rehabilitation technology for patients with complex medical needs

Purpose or general idea of bill

To maintain access to quality complex rehabilitation equipment for patients with specific diagnoses and physical conditions who require individually configured equipment and technology to sustain independence and avoid institutionalization. The bill will also safeguard the configuration, delivery and repair of customized technology and equipment by establishing qualifications currently sought administratively through prior authorization and administrative review.

Summary of specific provisions

Section 1 amends the social service law by adding a new section, 367-j.

Subdivision 1 defines complex needs patients and complex rehabilitation technology, as well as the required qualifications of individuals and entities eligible to configure and supply such equipment.

Subdivision 2 directs the commissioner to monitor the addition of new billing codes for complex rehabilitation technology by the Medicare program and to expeditiously add these codes to the Medicaid program.

Section 2 amends the public health law by adding a new section, 2512. Subdivision 1 defines complex needs patients and complex rehabilitation technology, as well as the required qualifications of individuals and entities eligible to configure and supply such equipment.

Section 2 provides the effective date.

Justification

A small portion of the population depends on medically necessary, individually configured equipment, known as complex rehabilitation technology (CRT), to maintain their mobility, quality of life, and independence. CRT includes individually configured manual and power wheelchairs, adaptive seating and position items, and other equipment designed to meet a patient's unique needs. For individuals with significant physical or functional impairments, having the appropriate equipment can mean the difference between constant pain and immobility and an active, fulfilling life.

The existing process to qualify for and configure CRT for Medicaid beneficiaries, which this bill codifies, ensures that appropriately diagnosed patients are able to access CRT, and that CRT suppliers meet stringent requirements to protect quality and access to service and repairs.

Since CRT is a rapidly developing industry, the new technology often does not fit into existing durable medical equipment (DME) billing categories. For example, a powered wheelchair with a custom-molded seat that supports the unique shape and pressure points of an individual with severe spinal curvature is not interchangeable with an off-the-shelf model that will cause sores, pain, and immobility. Thus, a crucial part of protecting access to this highly specialized equipment is keeping the billing codes used by Medicaid updated with the new codes added for CRT to the Medicare billing system. The timely addition of new billing codes that conform to Medicare changes will remove a hurdle many Medicaid beneficiaries face when trying to access the equipment they need.

Prior legislative history

Similar to A. 5074-C of 2016; Veto 270

Fiscal implications

None

Effective date

The first of April next succeeding the date on which it shall have become law; provided that effective immediately, the commissioner of health shall make regulations and take other actions reasonably necessary to implement this act on that date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.