Senate Bill S4867

                                 BILL NUMBER:  S4867A

 TITLE OF BILL :
An act to amend the social services law, in relation to requiring the
provision of transportation services to recipients of medical
assistance for the purpose of transporting eligible recipients of
medical assistance from their residences to a safe location during the
provision of extermination or pest control services, and to
subsequently return such recipients to their residence after
completion of such services


 PURPOSE OR GENERAL IDEA OF BILL :
The bill would require that non-ambulatory Medicaid recipients be
provided with transportation services when pest control services are
scheduled for their residence.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends section 365-h of the social services law to add the provisions
of extermination or pest control services to the list of reasons for
which a local social services official shall have the responsibility
to pre-authorize transportation for eligible Medicaid recipients.

 JUSTIFICATION :
Ambulette services provide transportation to and from facilities which
provide medical care.  Unlike other transportation options, ambulette
              

services provide personal assistance to clients, such as physical
assistance, to ensure that a client receives safe access from their
place of residence to their health care provider.

The Department of Health's Medicaid Program provides ambulette
services for recipients who require necessary medical care and cannot
otherwise travel to receive that care. To qualify for an ambulette
service recipients must meet Social Services Law Section 365-h
standards which generally means that they have a disabling physical or
mental condition or are undergoing treatments that render otherwise
ambulatory persons to a status where they require personal assistance.

This bill seeks to expand these services to situations where a
Medicaid recipient's place of residence is undergoing pest control or
extermination service. The existence of vermin or rodents in a
person's home is a significant health hazard, and this may be
especially true for nonambulatory persons who spend a greater amount
of time in their homes. Also, pest control and extermination services
may sometimes employ the use of chemicals which are toxic to humans.
If residents of a dwelling must leave their home during the
application of such a pest control or extermination process in order
to ensure safe administration, it is in the public interest to provide
that qualifying Medicaid recipients have the means necessary to be
transported safely to a safe location and subsequently be brought back
to their homes when it is safe to return.

This also serves the greater public interest because in a multiple
dwelling the inability of a recipient to safely leave his or her home
during the provision of pest control or extermination services may
delay or prevent other residents from receiving these services,
allowing the health hazard to persist. Incidents like these have
caused difficult situations between landlords and nonambulatory
tenants, since landlords have a legal responsibility to provide pest
control and extermination services during an infestation. It is in the
greater public interest to ensure that the health hazard of a vermin
or rodent infestation is addressed, that a qualifying Medicaid
recipient is able to receive safe transport during the provision of
pest control or extermination services, and that the housing needs of
a recipient are not threatened.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
Unknown.

 EFFECTIVE DATE :
This act would take effect on the first January next succeeding the
date upon which it shall have become law; provided that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.