On September 17, 2024, New York Governor Kathy Hochul signed two new bills into law relating to ambulance services in New York: (1) a new law (Chapter 316 of the Laws of 2024) which allows motor vehicle ambulance services and advanced life support first response services to store and distribute blood and blood products, as well as initiate and administer blood and blood product transfusions; and (2) a new law (Chapter 317 of the Laws of 2024) which provides Medicaid reimbursement for ambulance services when treatment is administered in place or when transportation is provided to alternative health care settings instead of a general hospital.
(1) Storage and Administration of Blood and Blood Products
The first new law (Chapter 316 of the Laws of 2024) amends New York Public Health Law 3003-b and it takes effect on December 16, 2024. This law is aimed at extending the capabilities to store and distribute blood and perform blood transfusions currently authorized for air transport ambulance services to all ambulance services (including those providing transportation by motor vehicle) and advanced life support first response services. The law details specific provisions to ensure the safe handling, storage, and administration of blood/blood products by qualified medical and health personnel – in accordance with FDA and other applicable rules, regulations, and guidance.
A main justification for this legislation stems from the success of blood transfusions provided through air transport ambulance services, which began in 2021. Despite this success, motor vehicle ambulance services have faced more restrictive regulations. This new law evens the playing field by allowing all ambulance services and advanced life support first response services to provide the same life-saving blood transfusion services.
(2) Reimbursement for Ambulance Services
The second new law (Chapter 317 of the Laws of 2024) adds New York Social Services 367-y, entitled “Reimbursement for treatment in place and transportation to alternative health care settings.” Under the pre-existing law, an ambulance service would have to transport Medicaid enrollees to a general hospital in order to receive Medicaid reimbursement. This new law takes effect on October 1, 2024 and its justification is that not every medical emergency necessitates a general hospital visit and that patients can often be served in place at the scene of the emergency or at an alternative health care setting. In part, this new law aims to reduce healthcare costs as well as enhance the efficiency of emergency medical services.
Under this new law, an ambulance service can administer treatment in place, including telehealth visits approved by Medicaid for reimbursement when deemed necessary.
Additionally, am ambulance service can be reimbursed by Medicaid when it transports patients to alternative health care settings, such as crisis stabilization centers, certified community behavioral health clinics, certain mental health facilities, addiction disorder services facilities, behavioral health services facilities, diagnostic and treatment centers, federally qualified health centers, and urgent care centers.
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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2024 Law Offices of Pullano & Farrow PLLC
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