S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1075
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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:
 
   Section  1. The opening paragraph of subdivision 4 of section 365-h of
 the social services law, as separately amended by section 50 of  part  B
 and  section  24 of part D of chapter 57 of the laws of 2015, is amended
 to read as follows:
   The commissioner of health is authorized to assume responsibility from
 a local social services official for the provision and reimbursement  of
 transportation  costs  under this section. If the commissioner elects to
 assume such responsibility, the  commissioner  shall  notify  the  local
 social  services  official  in writing as to the election, the date upon
 which the election shall be effective and such information as to transi-
 tion of responsibilities as the commissioner deems prudent. The  commis-
 sioner is authorized to contract with a transportation manager or manag-
 ers  to  manage  transportation  services  in  any local social services
 district, other than transportation services provided  or  arranged  for
 enrollees of managed long term care plans issued certificates of author-
 ity  under  section forty-four hundred three-f of the public health law.
 Any transportation manager or managers selected by the  commissioner  to
 manage  transportation  services shall have proven experience in coordi-
 nating transportation services in  a  geographic  and  demographic  area
 similar  to the area in New York state within which the contractor would
 manage the provision of services under this section. Such a contract  or
 contracts  may include responsibility for: review, approval and process-
 ing of transportation orders; management of  the  appropriate  level  of
 transportation based on documented patient medical need; and development

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07223-01-7

 A. 1075                             2
 
 of new technologies leading to efficient transportation services. If the
 commissioner  elects  to  assume such responsibility from a local social
 services district, the commissioner shall examine and[, if appropriate,]
 adopt  quality  assurance measures that may include, but are not limited
 to,  global  positioning  tracking  system  reporting  requirements  and
 service  verification mechanisms. Any and all reimbursement rates devel-
 oped by transportation managers under  this  subdivision  SHALL  INCLUDE
 RATES FOR PUBLIC TRANSPORTATION THAT REFLECT THE COST TO PROVIDE SERVICE
 TO  ELIGIBLE INDIVIDUALS AND shall be subject to the review and approval
 of the commissioner.  IN REVIEWING THE REIMBURSEMENT RATES DEVELOPED  BY
 TRANSPORTATION MANAGERS, THE COMMISSIONER SHALL CONSULT WITH LOCAL OFFI-
 CIALS  RESPONSIBLE  FOR PUBLIC TRANSPORTATION IN THE AFFECTED COUNTY AND
 THE INTERAGENCY COORDINATING COMMITTEE ON RURAL PUBLIC TRANSPORTATION AS
 DEFINED IN SECTION SEVENTY-THREE-D OF THE TRANSPORTATION LAW.
   § 2. Section 73-d of the transportation law, as amended by chapter 562
 of the laws of 1987, is amended to read as follows:
   § 73-d. Interagency coordinating committee on rural public transporta-
 tion. 1. There is hereby created a committee to be known as the "intera-
 gency coordinating committee on  rural  public  transportation",  to  be
 comprised  of [nineteen] SIXTEEN members. The commissioner or his or her
 designee shall serve as chairperson.  [Twelve]  EIGHT  of  such  members
 shall be the following or his or her duly designated representative: the
 director of the office for the aging; the commissioner of education; the
 commissioner  of  labor; the commissioner of health; the commissioner of
 the office of mental health; the commissioner of the office  [of  mental
 retardation and] FOR PEOPLE WITH developmental disabilities; the commis-
 sioner  of  social services; [state advocate for the disabled; secretary
 of state;] AND THE commissioner of agriculture and markets[; the  direc-
 tor  of the office of rural affairs and the director of the division for
 youth].  [Six] EIGHT additional members, all of whom shall be  transpor-
 tation  providers  or  consumers  representing  rural  counties shall be
 appointed to serve a term of three years as follows: [two] THREE by  the
 president  pro-tempore  of the senate, [two] THREE by the speaker of the
 assembly, one by the minority leader of  the  senate,  and  one  by  the
 minority  leader  of  the  assembly.  Efforts shall be made to provide a
 broad  representation  of  consumers  and  providers  of  transportation
 services  in  rural  counties when making such appointments.  Members of
 the committee shall receive no salary.
   The commissioner shall cause the department to provide  staff  assist-
 ance  necessary for the efficient and effective operation of the commit-
 tee.
   2. The committee shall:
   A. identify programs and the annual amounts and sources of funds  from
 such  programs  that  are  eligible  to be used to support a coordinated
 public transportation service, and the annual  amounts  and  sources  of
 such  funds  that  are  actually  used  for client transportation or for
 transportation of persons in connection with agency-affiliated  programs
 or services; such data shall be provided on a county basis;
   b.  identify restrictions on existing programs that inhibit funds from
 such programs being used to pay for a coordinated public  transportation
 service in rural counties;
   c.  recommend changes in state or local laws or regulations that would
 improve the coordination of funds, facilities, vehicles or equipment and
 other resources used for transportation at the local level;
   d. upon request, compile and forward to the commissioner any  data  or
 other information required by this section.

 A. 1075                             3
 
   3.  THE  COMMITTEE  SHALL  BE REQUIRED TO REPORT TO THE SPEAKER OF THE
 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR  BIAN-
 NUALLY  BEGINNING  OCTOBER  FIRST,  TWO  THOUSAND  FIFTEEN REGARDING THE
 MANAGEMENT OF NON-EMERGENCY MEDICAID TRANSPORTATION IN  RURAL  AREAS  AS
 DEFINED  BY  SECTION  FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW. THIS
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A  BREAKDOWN  BY  COUNTY  OF  COST
 SAVINGS,  MODES  OF  TRANSPORTATION  PROVIDED  TO MEDICAID PATIENTS, AND
 RATES OF UTILIZATION OF PUBLIC TRANSPORTATION.
   4. THE COMMITTEE SHALL BE  REQUIRED  TO  EXAMINE  REIMBURSEMENT  RATES
 DEVELOPED  BY  TRANSPORTATION  MANAGERS  PURSUANT TO SUBDIVISION FOUR OF
 SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR  COUN-
 TIES  WITH  A  POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE
 SHALL SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR  RURAL
 COMMUNITIES  TO  THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUD-
 ING, BUT NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP  FARES  FOR
 PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS-
 PORTATION  WITH  OTHER  HUMAN  SERVICE  AGENCIES,  AND RATES FOR PRIVATE
 TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
   THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE  PRIOR  TO
 APPROVAL  OF  RATES  PROPOSED  UNDER  SUBDIVISION  FOUR OF SECTION THREE
 HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A  POPU-
 LATION  OF TWO HUNDRED THOUSAND OR LESS. ANY PROPOSAL FOR A RATE ADJUST-
 MENT FOR RURAL COMMUNITIES AFTER  APPROVAL  SHALL  BE  EXAMINED  BY  THE
 COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
   §  3. This act shall take effect immediately; provided that the amend-
 ments to the opening paragraph of subdivision 4 of section 365-h of  the
 social services law made by section one of this act shall not affect the
 repeal  of  such  section and shall expire and be deemed repealed there-
 with.