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

                                  8270

                            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  reimbursement
  for  transportation costs under the medical assistance program; and to
  amend chapter 109 of the laws of 2010, amending  the  social  services
  law  relating  to  authorizing  the  commissioner  of health to assume
  responsibility for transportation costs, in relation to making  perma-
  nent certain provisions thereof

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

  Section 1. Section 365-h of the social services  law,  as  amended  by
section  20  of part B of chapter 109 of the laws of 2010, is amended to
read as follows:
  S 365-h. Provision and reimbursement of transportation costs.  1.  The
local social services official [and, subject to the provisions of subdi-
vision  four  of  this  section,  the commissioner of health] shall have
responsibility for prior authorizing transportation of eligible  persons
and  for  limiting the provision of such transportation to those recipi-
ents and circumstances where such transportation is essential, medically
necessary and appropriate to obtain medical care, services  or  supplies
otherwise available under this title.
  2.  In exercising this responsibility, the local social services offi-
cial [and, as appropriate, the commissioner of health] shall:
  (a) make appropriate and economical use  of  transportation  resources
available  in  the district in meeting the anticipated demand for trans-
portation within the district, including, but not limited to:  transpor-
tation generally available  free-of-charge  to  the  general  public  or
specific   segments   of  the  general  public,  public  transportation,
promotion of group rides, county vehicles,  coordinated  transportation,
and direct purchase of services; and
  (b)  maintain quality assurance mechanisms in order to ensure that (i)
only such transportation as is essential, medically necessary and appro-
priate to obtain medical care, services or supplies otherwise  available
under  this  title  is  provided;  AND  (ii) no expenditures for taxi or

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

                                                           LBD17806-01-0

S. 8270                             2

livery transportation are made when public transportation or lower  cost
transportation  is  reasonably available to eligible persons[; and (iii)
transportation services are provided in a  safe,  timely,  and  reliable
manner by providers that comply with state and local regulatory require-
ments  and  meet  consumer satisfaction criteria approved by the commis-
sioner of health].
  3. In the event that coordination or other such cost savings  measures
are  implemented, the commissioner shall assure compliance with applica-
ble standards governing the safety and quality of transportation of  the
population served.
  [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
be subject to the review and approval of the commissioner. Notwithstand-
ing 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

S. 8270                             3

  (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.]
  S  2.  Subdivision  (a)  of section 40 of part B of chapter 109 of the
laws of 2010, amending the social services law relating  to  authorizing
the  commissioner  of health to assume responsibility for transportation
costs, is amended to read as follows:
  (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
and  twenty-one of this act shall take effect July 1, 2010; AND sections
fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
take  effect  January 1, 2011; [and provided further that section twenty
of this act shall be deemed repealed  four  years  after  the  date  the
contract  entered  into pursuant to section 365-h of the social services
law, as amended by section twenty of this  act,  is  executed;  provided
that the commissioner of health shall notify the legislative bill draft-
ing  commission upon the execution of the contract entered into pursuant
to section 367-h of the social services law in order that the commission
may maintain an accurate and timely effective data base of the  official
text of the laws of the state of New York in furtherance of effectuating
the  provisions of section 44 of the legislative law and section 70-b of
the public officers law;]
  S 3. This act shall take effect immediately.