S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1149
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       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
   23  a local social services district, the commissioner shall  examine  and[,
   24  if  appropriate,] adopt quality assurance measures that may include, but
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04266-01-5
       S. 1149                             2
    1  are  not  limited  to,  global  positioning  tracking  system  reporting
    2  requirements and service verification mechanisms. Any and all reimburse-
    3  ment  rates  developed by transportation managers under this subdivision
    4  SHALL  INCLUDE  RATES FOR PUBLIC TRANSPORTATION THAT REFLECT THE COST TO
    5  PROVIDE SERVICE TO ELIGIBLE INDIVIDUALS AND  shall  be  subject  to  the
    6  review and approval of the commissioner.  IN REVIEWING THE REIMBURSEMENT
    7  RATES  DEVELOPED  BY  TRANSPORTATION  MANAGERS,  THE  COMMISSIONER SHALL
    8  CONSULT WITH LOCAL OFFICIALS RESPONSIBLE FOR  PUBLIC  TRANSPORTATION  IN
    9  THE  AFFECTED COUNTY AND THE INTERAGENCY COORDINATING COMMITTEE ON RURAL
   10  PUBLIC TRANSPORTATION AS  DEFINED  IN  SECTION  SEVENTY-THREE-D  OF  THE
   11  TRANSPORTATION   LAW.  Notwithstanding  any  inconsistent  provision  of
   12  sections one hundred twelve and one hundred  sixty-three  of  the  state
   13  finance  law,  or section one hundred forty-two of the economic develop-
   14  ment law, or any other law, the commissioner is authorized to enter into
   15  a contract or contracts under this subdivision without a competitive bid
   16  or request for proposal process, provided, however, that:
   17    S 2. Section 73-d of the transportation law, as amended by chapter 562
   18  of the laws of 1987, is amended to read as follows:
   19    S 73-d. Interagency coordinating committee on rural public transporta-
   20  tion. 1. There is hereby created a committee to be known as the "intera-
   21  gency coordinating committee on  rural  public  transportation",  to  be
   22  comprised  of [nineteen] SIXTEEN members. The commissioner or his or her
   23  designee shall serve as chairperson.  [Twelve]  EIGHT  of  such  members
   24  shall be the following or his or her duly designated representative: the
   25  director of the office for the aging; the commissioner of education; the
   26  commissioner  of  labor; the commissioner of health; the commissioner of
   27  the office of mental health; the commissioner of the office  [of  mental
   28  retardation and] FOR PEOPLE WITH developmental disabilities; the commis-
   29  sioner  of  social services; [state advocate for the disabled; secretary
   30  of state;] AND THE commissioner of agriculture and markets[; the  direc-
   31  tor  of the office of rural affairs and the director of the division for
   32  youth].  [Six] EIGHT additional members, all of whom shall be  transpor-
   33  tation  providers  or  consumers  representing  rural  counties shall be
   34  appointed to serve a term of three years as follows: [two] THREE by  the
   35  president  pro-tempore  of the senate, [two] THREE by the speaker of the
   36  assembly, one by the minority leader of  the  senate,  and  one  by  the
   37  minority  leader  of  the  assembly.  Efforts shall be made to provide a
   38  broad  representation  of  consumers  and  providers  of  transportation
   39  services  in  rural  counties when making such appointments.  Members of
   40  the committee shall receive no salary.
   41    The commissioner shall cause the department to provide  staff  assist-
   42  ance  necessary for the efficient and effective operation of the commit-
   43  tee.
   44    2. The committee shall:
   45    A. identify programs and the annual amounts and sources of funds  from
   46  such  programs  that  are  eligible  to be used to support a coordinated
   47  public transportation service, and the annual  amounts  and  sources  of
   48  such  funds  that  are  actually  used  for client transportation or for
   49  transportation of persons in connection with agency-affiliated  programs
   50  or services; such data shall be provided on a county basis;
   51    b.  identify restrictions on existing programs that inhibit funds from
   52  such programs being used to pay for a coordinated public  transportation
   53  service in rural counties;
   54    c.  recommend changes in state or local laws or regulations that would
   55  improve the coordination of funds, facilities, vehicles or equipment and
   56  other resources used for transportation at the local level;
       S. 1149                             3
    1    d. upon request, compile and forward to the commissioner any  data  or
    2  other information required by this section.
    3    3.  THE  COMMITTEE  SHALL  BE REQUIRED TO REPORT TO THE SPEAKER OF THE
    4  ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR  BIAN-
    5  NUALLY  BEGINNING  OCTOBER  FIRST,  TWO  THOUSAND  FIFTEEN REGARDING THE
    6  MANAGEMENT OF NON-EMERGENCY MEDICAID TRANSPORTATION IN  RURAL  AREAS  AS
    7  DEFINED  BY  SECTION  FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW. THIS
    8  SHALL INCLUDE, BUT NOT BE LIMITED TO, A  BREAKDOWN  BY  COUNTY  OF  COST
    9  SAVINGS,  MODES  OF  TRANSPORTATION  PROVIDED  TO MEDICAID PATIENTS, AND
   10  RATES OF UTILIZATION OF PUBLIC TRANSPORTATION.
   11    4. THE COMMITTEE SHALL BE  REQUIRED  TO  EXAMINE  REIMBURSEMENT  RATES
   12  DEVELOPED  BY  TRANSPORTATION  MANAGERS  PURSUANT TO SUBDIVISION FOUR OF
   13  SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR  COUN-
   14  TIES  WITH  A  POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE
   15  SHALL SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR  RURAL
   16  COMMUNITIES  TO  THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUD-
   17  ING, BUT NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP  FARES  FOR
   18  PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS-
   19  PORTATION  WITH  OTHER  HUMAN  SERVICE  AGENCIES,  AND RATES FOR PRIVATE
   20  TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
   21    THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE  PRIOR  TO
   22  APPROVAL  OF  RATES  PROPOSED  UNDER  SUBDIVISION  FOUR OF SECTION THREE
   23  HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A  POPU-
   24  LATION  OF TWO HUNDRED THOUSAND OR LESS. ANY PROPOSAL FOR A RATE ADJUST-
   25  MENT FOR RURAL COMMUNITIES AFTER  APPROVAL  SHALL  BE  EXAMINED  BY  THE
   26  COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
   27    S  3. This act shall take effect immediately; provided that the amend-
   28  ments to the opening paragraph of subdivision 4 of section 365-h of  the
   29  social services law made by section one of this act shall not affect the
   30  repeal  of  such  section and shall expire and be deemed repealed there-
   31  with.