Assembly Bill A10167

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

                                  10167

                          I N  A S S E M B L Y

                              June 18, 2014
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Morelle) --
  read once and referred to the Committee on Mental Health

AN ACT to amend the mental hygiene law and the  transportation  law,  in
  relation  to directing the commissioner of transportation to establish
  an integrated transportation program for persons with intellectual and
  developmental disabilities

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

  Section  1.  Section  13.09  of  the  mental hygiene law is amended by
adding a new subdivision (h) to read as follows:
  (H) THE COMMISSIONER SHALL PROVIDE SUCH COOPERATION AND ASSISTANCE  TO
THE COMMISSIONER OF TRANSPORTATION AS THE COMMISSIONER OF TRANSPORTATION
SHALL  DEEM  TO  BE  NECESSARY OR DESIRABLE FOR PURPOSES OF PLANNING AND
ESTABLISHING AN INTEGRATED TRANSPORTATION DEMONSTRATION PROGRAM PURSUANT
TO SUBDIVISION THIRTY-SIX OF SECTION FOURTEEN OF THE TRANSPORTATION LAW.
  S 2. Section 2 of the transportation law is amended by  adding  a  new
subdivision 33-a to read as follows:
  33-A.  "TRANSPORTATION PROVIDER" MEANS ANY PUBLIC, PRIVATE OR NOT-FOR-
PROFIT ENTITY, AUTHORIZED OR EXEMPT PURSUANT TO ARTICLE  SEVEN  OF  THIS
CHAPTER,  UTILIZING  PUBLIC FUNDS TO PROVIDE OR CONTRACT FOR TRANSPORTA-
TION SERVICES FOR THE BENEFIT OF THE GENERAL PUBLIC OR  SPECIFIC  CLIENT
GROUPS.
  S  3.  Section 14 of the transportation law is amended by adding a new
subdivision 36 to read as follows:
  36. (A) THE COMMISSIONER, IN  CONJUNCTION  WITH  THE  COMMISSIONER  OF
DEVELOPMENTAL  DISABILITIES,  AND  IN CONSULTATION WITH CONSUMER GROUPS,
TRANSPORTATION PROVIDERS AND TRANSPORTATION  SYSTEMS,  SHALL  DEVELOP  A
PLAN  WHICH  SHALL, AT A MINIMUM, PROVIDE RECOMMENDATIONS FOR THE ESTAB-
LISHMENT OF THE INTEGRATED TRANSPORTATION DEMONSTRATION PROGRAM REQUIRED
BY PARAGRAPH (B) OF THIS SUBDIVISION. THE  PLAN  DEVELOPED  PURSUANT  TO
THIS  PARAGRAPH  SHALL  BE  SUBMITTED TO THE DIRECTOR OF THE BUDGET, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY  NO
LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, FOR CONSIDERATION IN THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15488-05-4
              

A. 10167                            2

EXECUTIVE BUDGET FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN STATE
FISCAL YEAR.
  THE PLAN ESTABLISHED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE, BUT NOT
BE LIMITED TO:
  (I)  IDENTIFICATION  OF  LOCALLY  BASED  TRANSPORTATION  PROVIDERS AND
TRANSPORTATION SYSTEMS EQUIPPED TO PARTICIPATE IN THE INTEGRATED  TRANS-
PORTATION DEMONSTRATION PROGRAM;
  (II)  RECOMMENDATIONS  TO  ELIMINATE  REGULATORY  BURDENS  THAT  WOULD
PROHIBIT COOPERATION INCLUDING, BUT NOT LIMITED  TO,  STATUTORY  CHANGES
ENABLING  HUMAN SERVICES AGENCIES TO COORDINATE WITH OTHER HUMAN SERVICE
AGENCY RIDERS WHILE REMAINING EXEMPT  FROM  THE  PROVISIONS  OF  ARTICLE
SEVEN  OF  THIS  CHAPTER,  AS  WELL AS STATUTORY CHANGES ENABLING EXEMPT
PROVIDERS TO COORDINATE WITH TRANSPORTATION SERVICES THAT  ARE  OPEN  TO
THE PUBLIC;
  (III)  CONSIDERATIONS REGARDING THE AVAILABILITY OF PUBLIC TRANSPORTA-
TION, PUBLIC SAFETY CONCERNS AND THE DUPLICATION OF SERVICES;
  (IV) RECOMMENDATIONS FOR THE  IMPLEMENTATION  OF  SHARED  SOFTWARE  TO
ENABLE  COORDINATING  ENTITIES  TO  TRACK  SERVICES,  MANAGE  COST AMONG
PROVIDERS,  CONSOLIDATE  ROUTES,  AND  PROVIDE  A  REGISTRY  IDENTIFYING
PARTICIPATING CLIENTS AND ANY SPECIALIZED CARE NEEDS THAT MUST BE MET IN
ORDER TO EFFECTIVELY COORDINATE TRANSPORTATION;
  (V) REPORTING REQUIREMENTS FOR COST SAVINGS ACHIEVED THROUGH TRANSPOR-
TATION COORDINATION;
  (VI)  RECOMMENDATIONS  FOR  RATE  ADJUSTMENTS OR REIMBURSEMENT CHANGES
BASED ON COORDINATED TRANSPORTATION AND THE  PARTICIPATION  OF  MULTIPLE
HUMAN SERVICE AGENCIES; AND
  (VII)  REPORTING  REQUIREMENTS  FOR  IMPACTS  TO  INDIVIDUAL  CARE AND
COMPLIANCE WITH THE RELEVANT STATE AND FEDERAL LAWS.
  (B) WITHIN AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER, IN COOPER-
ATION WITH THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, SHALL  ESTAB-
LISH  AN  INTEGRATED TRANSPORTATION DEMONSTRATION PROGRAM WHICH SHALL BE
DEVELOPED IN FIVE LOCATIONS OF THE STATE, EACH CONSISTING OF ONE OR MORE
COUNTIES. FOUR OF THESE LOCATIONS SHALL INCLUDE A COUNTY HAVING A  POPU-
LATION  OF NOT MORE THAN TWO HUNDRED THOUSAND ACCORDING TO THE TWO THOU-
SAND TEN FEDERAL DECENNIAL CENSUS.
  THE COMMISSIONER SHALL DIRECT A TRANSPORTATION PROVIDER IN  EACH  SUCH
LOCATION TO STUDY HOW THE COORDINATION BETWEEN LOCAL HUMAN SERVICE AGEN-
CIES  PROVIDING TRANSPORTATION CAN INCREASE TRANSPORTATION ACCESSIBILITY
FOR INTEGRATED SUPPORTED EMPLOYMENT OPPORTUNITIES  TO  INDIVIDUALS  WITH
INTELLECTUAL  AND  DEVELOPMENTAL DISABILITIES IN ACCORDANCE WITH SECTION
13.41 OF THE MENTAL  HYGIENE  LAW.  EACH  SUCH  TRANSPORTATION  PROVIDER
PARTICIPATING IN THE PROGRAM SHALL STUDY THE COST BENEFITS OF COORDINAT-
ING  TRANSPORTATION,  THE  QUALITY  OF TRANSPORTATION, ACCESS FOR CLIENT
POPULATIONS AND THE OUTCOMES  OF  INDIVIDUALS  RECEIVING  THE  SERVICES.
EVERY  SUCH  TRANSPORTATION  PROVIDER  SHALL  REPORT ITS FINDINGS TO THE
COMMISSIONER AND THE COMMISSIONER  OF  DEVELOPMENTAL  DISABILITIES,  WHO
SHALL  JOINTLY EVALUATE THE FINDINGS OF THE STUDY, AND REPORT THEREON TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
THE ASSEMBLY.
  S 4. This act shall take effect immediately, except that paragraph (a)
of  subdivision  36 of section 14 of the transportation law, as added by
section three of this act, shall take effect April 1, 2015.