New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 2 - Determination of Eligibility-Categorical
Part 360 - MEDICAL ASSISTANCE
Subpart 360-7 - Payment For Services
Section 360-7.12 - Co-payments by recipients

Universal Citation: 18 NY Comp Codes Rules and Regs § 360-7.12

Current through Register Vol. 46, No. 39, September 25, 2024

(a) In accordance with section 367-a (6) of the Social Services Law, nominal co-payments must be imposed upon recipients for certain care, services and supplies furnished under the medical assistance program. Payments for claims for services specified in subdivision (d) of this section will be reduced by the amounts determined in subdivision (f) of this section. The providers of such services may charge recipients the co-payments. However, providers may not deny services to recipients because of their inability to pay the co-payments.

(b) Definitions.

(1) For purposes of this section, drugs with FDA-approved indications for the treatment of tuberculosis means aminosalicylate sodium (para-aminosalicylate sodium), capreomycin sulfate, cycloserine, ethambutol, ethionamide, isoniazid, pyrazinamide, rifampin, and streptomycin.

(2) Medical facility means residential health care facility or an intermediate care facility for the developmentally disabled.

(3) For purposes of this section, psychotropic drugs means acetazolamide, acetophenazine, alprazolam, amantadine, amitriptyline, amoxapine, benztropine, biperiden, bupropion, buspirone, butabarbital, cabamazepine, chloral hydrate, chlordiazepoxide, chlormezanone, chlorpromazine, chlorprothixene, clomipramine, clonazepam, clorazepate dipotassium, clozapine, desipramine, diazepam, diphenhydramine, doxepin, estazolam, ethopropazine HCl, ethosuximide, ethotoin, fluoxetine, fluphenazine, flurazepam, halazepam, haloperidol, hydroxyzine HCl, hydroxyzine pamoate, imipramine, isocarboxazid, lithium, lorazepam, loxapine, maprotiline, mephenytoin, mephobarbital, meprobamate, methsuximide, mesoridazine, molindone, nortriptyline, oxazepam, paraldehyde, paramethadione, pentobarbital, perphenazine, phenacemide, phenelzine, phenobarbital, phensuximide, phenytoin, pimozide, prazepam, primidone, prochlorperazine, procyclidine, promazine, protriptyline, quazepam, secobarbital, sertraline, temazepam, thioridazine, thiothixene, tranylcypromine, trazodone, triazolam, trifluoperazine, triflupromazine, trihexyphenidyl HCl, trimethadione, trimipramine, and valproic acid and its derivatives.

(4) X-ray services means diagnostic radiology, diagnostic ultrasound, nuclear medicine or radiation oncology.

(1) individuals under 21 years of age;

(2) pregnant women;

(3) individuals who are in-patients in medical facilities or residents of community based residential facilities licensed by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities who have been required to spend all of their incomes for medical care, except their personal needs allowances;

(4) individuals enrolled in health maintenance organizations or other entities which provide comprehensive health services, or other managed care programs; and

(5) any other individuals required to be excluded by Federal law or regulations.

(d) Co-payments only apply to the following services:

(1) in-patient care in a general hospital, as defined in subdivision 10 of section 2801 of the Public Health Law;

(2) out-patient hospital and clinic services, except for mental health services, mental retardation and developmental disability services, alcohol and substance abuse services and methadone maintenance services;

(3) sickroom supplies;

(4) drugs, except psychotropic drugs and drugs with FDA-approved indications for the treatment of tuberculosis as defined in subdivision (b) of this section;

(5) clinical laboratory services, except those provided by and payable to a physician or podiatrist;

(6) X-ray services, except those provided by and payable to physicians, podiatrists or dentists; and

(7) emergency room services provided for nonurgent or nonemergency medical care.

(e) Co-payments do not apply to emergency services or family planning services and supplies or tuberculosis directly observed therapy services provided by programs approved by the Department of Health.

(f) The amount of the co-payment for each service specified in subdivision (d) of this section, except for paragraph (1) relating to in-patient care, must not exceed the amount specified in paragraph (1) of this subdivision. The amount of the co-payment for each service specified in subdivision (d) of this section is a standard co-payment amount based upon the average or typical payment for the service by the MA program, as set forth in paragraph (2) of this subdivision. The co-payment for each service specified in paragraph (d)(1) of this section is $25 for each discharge.

(1) Schedule of co-payments:

*Average or typical MA payment*	*Co-payment*
$10 or less	$.50
$10.01 to $25	$1.00
$25.01 to $50	$2.00
$50.01 or more	$3.00

(2) Standard co-payment amounts:

*Service*	*Co-payment*
Inpatient care	$25.00 per discharge
Outpatient hospital and clinic services	$3.00 per visit
Sickroom supplies	$1.00 per order
Enteral and parenteral formulae/supplies	$1.00 per claim
Brand name prescription drugs	$2.00 for each prescription dispensed
Generic prescription drugs	$.50 for each prescription dispensed
Nonprescription drugs	$.50 for each order dispensed
Clinical laboratory procedures	$.50 for each procedure billed
Radiology procedures	$1.00 for each procedure code billed
Emergency room services provided for nonurgent or nonemergency care	$3.00 per visit

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