Senate Bill S8271

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8271

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social services law, in relation to  the  assumption
  by  the commissioner of health of the responsibility for reimbursement
  of transportation costs under the medical assistance program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4 of section 365-h of the social services law,
as added by section 20 of part B of chapter 109 of the laws of 2010,  is
amended to read as follows:
  4.  The  commissioner of health is authorized to assume responsibility
from a local social services official for the provision  and  reimburse-
ment  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
transition  of  responsibilities  as the commissioner deems prudent. The
commissioner is authorized to contract with a transportation manager  or
managers  to manage transportation services in any local social services
district. Any transportation manager or managers selected by the commis-
sioner to manage transportation services shall have proven experience in
coordinating 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 processing of transportation orders; management of  the  appropriate
level  of  transportation  based on documented patient medical need; and
development 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 require-
ments and service verification mechanisms.  Any  and  all  reimbursement
rates  developed by transportation managers under this subdivision shall

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

                                                           LBD17807-01-0

S. 8271                             2

be subject to the review and approval  of  the  commissioner.  [Notwith-
standing  any  inconsistent provision of sections one hundred twelve and
one hundred sixty-three of the state finance law, or section one hundred
forty-two of the economic development law, or any other law, the commis-
sioner  is  authorized  to enter into a contract or contracts under this
subdivision without a competitive bid or request for  proposal  process,
provided, however, that:
  (a)  the department shall post on its website, for a period of no less
than thirty days:
  (i) a description of the proposed services to be provided pursuant  to
the contract or contracts;
  (ii) the criteria for selection of a contractor or contractors;
  (iii)  the  period  of  time during which a prospective contractor may
seek selection, which shall be no  less  than  thirty  days  after  such
information is first posted on the website; and
  (iv)  the  manner  by  which  a  prospective  contractor may seek such
selection, which may include submission by electronic means;
  (b) all reasonable and responsive submissions that are  received  from
prospective  contractors  in  timely  fashion  shall  be reviewed by the
commissioner; and
  (c) the commissioner shall select such contractor or contractors that,
in his or her discretion, are best suited to serve the purposes of  this
section]  FOR  EACH  CONTRACT  UNDER  THIS SUBDIVISION, THE COMMISSIONER
SHALL ISSUE A REQUEST FOR PROPOSAL AND SELECT A  TRANSPORTATION  MANAGER
PURSUANT  TO  A COMPETITIVE BIDDING PROCESS. EACH BIDDER MUST INCLUDE IN
ITS BID, A LIST OF ALL  ENTITIES,  PUBLIC  AND  PRIVATE,  WHICH  IT  HAS
CONTRACTED WITH OVER THE PAST TEN YEARS, INCLUDING AN INDIVIDUAL CONTACT
FROM  EACH  ENTITY.  THE  COMMISSIONER SHALL CONSIDER, IN SELECTING SUCH
TRANSPORTATION MANAGERS, THE ABILITY TO DELIVER  APPROPRIATE  LEVELS  OF
SERVICE,  THE  TRANSPORTATION  MANAGER'S  PAST RECORD IN AND OUT OF THIS
STATE, AS WELL AS THE TRANSPORTATION MANAGER'S DEMONSTRATION THAT IT HAS
EFFECTIVELY MANAGED A SIMILAR AREA IN TERMS OF POPULATION, GEOGRAPHY AND
DEMOGRAPHICS AND THAT IT WILL BE ABLE TO ADOPT POLICIES  AND  PROCEDURES
THAT  WILL  BE  USED TO PROTECT TRANSPORTATION PROVIDERS FROM UNFAIR AND
RETALIATORY ACTIONS, AS WELL AS  PROTECT  ITS  MEDICAID  RECIPIENTS  AND
CUSTOMERS.
  S  2. This act shall take effect immediately; provided that the amend-
ments to section 365-h of the social services law, made by  section  one
of  this  act,  shall not affect the expiration and repeal of amendments
thereto by part B of chapter 109 of the laws of 2010, and  shall  expire
and be deemed repealed therewith.