S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1149--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced by Sens. O'MARA, YOUNG -- read twice and ordered printed, and
         when  printed  to be committed to the Committee on Health -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the social services law and the transportation  law,  in
         relation  to  the  interagency  coordinating committee on rural public
         transportation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The opening paragraph of subdivision 4 of section 365-h of
    2  the social services law, as added by section 20 of part B of chapter 109
    3  of the laws of 2010, is amended to read as follows:
    4    The commissioner of health is authorized to assume responsibility from
    5  a local social services official for the provision and reimbursement  of
    6  transportation  costs  under this section. If the commissioner elects to
    7  assume such responsibility, the  commissioner  shall  notify  the  local
    8  social  services  official  in writing as to the election, the date upon
    9  which the election shall be effective and such information as to transi-
   10  tion of responsibilities as the commissioner deems prudent. The  commis-
   11  sioner is authorized to contract with a transportation manager or manag-
   12  ers  to  manage  transportation  services  in  any local social services
   13  district. Any transportation manager or managers selected by the commis-
   14  sioner to manage transportation services shall have proven experience in
   15  coordinating transportation services in  a  geographic  and  demographic
   16  area  similar  to the area in New York state within which the contractor
   17  would manage the provision  of  services  under  this  section.  Such  a
   18  contract  or  contracts may include responsibility for: review, approval
   19  and processing of transportation orders; management of  the  appropriate
   20  level  of  transportation  based on documented patient medical need; and
   21  development of new  technologies  leading  to  efficient  transportation
   22  services.  If the commissioner elects to assume such responsibility from
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04266-02-5
       S. 1149--A                          2
    1  a local social services district, the commissioner shall  examine  and[,
    2  if  appropriate,] adopt quality assurance measures that may include, but
    3  are  not  limited  to,  global  positioning  tracking  system  reporting
    4  requirements and service verification mechanisms. Any and all reimburse-
    5  ment  rates  developed by transportation managers under this subdivision
    6  SHALL INCLUDE RATES FOR PUBLIC TRANSPORTATION THAT REFLECT THE  COST  TO
    7  PROVIDE  SERVICE  TO  ELIGIBLE  INDIVIDUALS  AND shall be subject to the
    8  review and approval of the commissioner. IN REVIEWING THE  REIMBURSEMENT
    9  RATES  DEVELOPED  BY  TRANSPORTATION  MANAGERS,  THE  COMMISSIONER SHALL
   10  CONSULT WITH THE INTERAGENCY  COORDINATING  COMMITTEE  ON  RURAL  PUBLIC
   11  TRANSPORTATION  AS DEFINED IN SECTION SEVENTY-THREE-D OF THE TRANSPORTA-
   12  TION LAW. Notwithstanding any inconsistent  provision  of  sections  one
   13  hundred  twelve and one hundred sixty-three of the state finance law, or
   14  section one hundred forty-two of the economic development  law,  or  any
   15  other  law,  the  commissioner is authorized to enter into a contract or
   16  contracts under this subdivision without a competitive  bid  or  request
   17  for proposal process, provided, however, that:
   18    S 2. Section 73-d of the transportation law, as amended by chapter 562
   19  of the laws of 1987, is amended to read as follows:
   20    S 73-d. Interagency coordinating committee on rural public transporta-
   21  tion. 1. There is hereby created a committee to be known as the "intera-
   22  gency  coordinating  committee  on  rural  public transportation", to be
   23  comprised of [nineteen] SIXTEEN members. The commissioner or his or  her
   24  designee  shall  serve  as  chairperson.  [Twelve] EIGHT of such members
   25  shall be the following or his or her duly designated representative: the
   26  director of the office for the aging; the commissioner of education; the
   27  commissioner of labor; the commissioner of health; the  commissioner  of
   28  the  office  of mental health; the commissioner of the office [of mental
   29  retardation and] FOR PEOPLE WITH developmental disabilities; the commis-
   30  sioner of social services; [state advocate for the  disabled;  secretary
   31  of  state;] AND THE commissioner of agriculture and markets[; the direc-
   32  tor of the office of rural affairs and the director of the division  for
   33  youth]. [Six] EIGHT additional members, all of whom shall be transporta-
   34  tion  providers  or  consumers  representing  rural  counties  shall  be
   35  appointed to serve a term of three years as follows: [two] THREE by  the
   36  president  pro-tempore  of the senate, [two] THREE by the speaker of the
   37  assembly, one by the minority leader of  the  senate,  and  one  by  the
   38  minority  leader  of  the  assembly.  Efforts shall be made to provide a
   39  broad  representation  of  consumers  and  providers  of  transportation
   40  services in rural counties when making such appointments. Members of the
   41  committee shall receive no salary.
   42    The  commissioner  shall cause the department to provide staff assist-
   43  ance necessary for the efficient and effective operation of the  commit-
   44  tee.
   45    2.  The  committee  shall[:]  MEET  QUARTERLY  AND SHALL REPORT TO THE
   46  SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND  THE
   47  GOVERNOR  ANNUALLY,  BEGINNING  OCTOBER FIRST, TWO THOUSAND FIFTEEN. THE
   48  ANNUAL REPORT SHALL:
   49    A. IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND DESCRIBE  RIDER-
   50  SHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM;
   51    B.  IDENTIFY  RURAL POPULATIONS CURRENTLY UTILIZING PUBLIC TRANSPORTA-
   52  TION, AS WELL AS POPULATIONS IN NEED OF  PUBLIC  TRANSPORTATION  WITHOUT
   53  ACCESS,  AND  DISCUSS  RECOMMENDATIONS  FOR  MAINTAINING  AND  EXPANDING
   54  SERVICES;
       S. 1149--A                          3
    1    C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA-
    2  TION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION  OF  PUBLIC
    3  TRANSPORTATION BY MEDICAID PATIENTS;
    4    D.  identify programs and the annual amounts and sources of funds from
    5  such programs that are eligible to be  used  to  support  a  coordinated
    6  public  transportation  service,  and  the annual amounts and sources of
    7  such funds that are actually  used  for  client  transportation  or  for
    8  transportation  of persons in connection with agency-affiliated programs
    9  or services; such data shall be provided on a county basis;
   10    [b.] E. identify restrictions on existing programs that inhibit  funds
   11  from  such programs being used to pay for a coordinated public transpor-
   12  tation service in rural counties;
   13    [c.] F. recommend changes in state or local laws or  regulations  that
   14  would  improve the coordination of funds, facilities, vehicles or equip-
   15  ment and other resources used for transportation at the local level[;
   16    d. upon request, compile and forward to the commissioner any  data  or
   17  other information required by this section].
   18    3.  THE  COMMITTEE  SHALL  BE  REQUIRED TO EXAMINE REIMBURSEMENT RATES
   19  DEVELOPED BY TRANSPORTATION MANAGERS PURSUANT  TO  SUBDIVISION  FOUR  OF
   20  SECTION  THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR COUN-
   21  TIES WITH A POPULATION OF TWO HUNDRED THOUSAND OR  LESS.  THE  COMMITTEE
   22  SHALL  SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR RURAL
   23  COMMUNITIES TO THE COMMISSIONER OF HEALTH WITH  RECOMMENDATIONS  INCLUD-
   24  ING,  BUT  NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP FARES FOR
   25  PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS-
   26  PORTATION WITH OTHER HUMAN  SERVICE  AGENCIES,  AND  RATES  FOR  PRIVATE
   27  TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
   28    THE  COMMISSIONER  OF HEALTH SHALL CONSULT WITH THE COMMITTEE PRIOR TO
   29  APPROVAL OF RATES PROPOSED  UNDER  SUBDIVISION  FOUR  OF  SECTION  THREE
   30  HUNDRED  SIXTY-FIVE-H  OF  THE  SOCIAL  SERVICES LAW FOR COUNTIES WITH A
   31  POPULATION OF TWO HUNDRED THOUSAND OR LESS.  ANY  PROPOSAL  FOR  A  RATE
   32  ADJUSTMENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE
   33  COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
   34    S  3. This act shall take effect immediately; provided that the amend-
   35  ments to the opening paragraph of subdivision 4 of section 365-h of  the
   36  social services law made by section one of this act shall not affect the
   37  repeal  of  such  section and shall expire and be deemed repealed there-
   38  with.