senate Bill S7222

2013-2014 Legislative Session

Relates to the interagency coordinating committee on rural public transportation

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2014 reported and committed to finance
May 06, 2014 referred to health

Votes

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Jun 3, 2014 - Health committee Vote

S7222
14
0
committee
14
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S7222 - Bill Details

Current Committee:
Senate Finance
Law Section:
Social Services Law
Laws Affected:
Amd §365-h, Soc Serv L; amd §73-d, Transp L

S7222 - Bill Texts

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Relates to the composition of the interagency coordinating committee on rural public transportation; requires reports on non-emergency Medicaid transportation in rural areas.

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BILL NUMBER:S7222

TITLE OF BILL: An act to amend the social services law and the
transportation law, in relation to the interagency coordinating
committee on rural public transportation

PURPOSE:

Provides counties the right of first refusal to coordinate Medicaid
non-emergency medical transportation and encourage the use of public
transit where viable.

SUMMARY OF PROVISIONS:

Section one amends the social services law to provide that contracts
between the State and transportation managers for Medicaid
non-emergency medical transportation require that managers offer
counties the option of coordinating transportation services and that
the use of public transportation be prioritized to the maximum extent
practicable.

Section two amends transportation law to modify the composition of the
Interagency coordinating committee on rural public transportation and
require that the committee (1) report to the Executive and the
Legislature on the management of Medicaid non-emergency medical
transportation on a biannual basis; (2)examine reimbursement rates
developed by transportation managers and submit recommendations for
proposed and effective rates for rural counties to the Commissioner of
the Department of Health, and: (3) require the Commissioner to consult
with the committee prior to approval of Medicaid reimbursement rates
for rural Medicaid non-emergency medical transportation.

JUSTIFICATION:

State efforts to change the way that Medicaid transportation is
delivered is having an unintended impact on public transportation,
especially in rural counties in upstate New York.Recently, the State
has adopted a policy where a single private broker is contracted to
arrange non- emergency medical trips for most New York counties.While
the broker attempts to provide the necessary transportation in an easy
to schedule manner many of the trips that were previously served by
public transportation systems are now provided by taxis and other low
occupancy vehicles - despite the availability of viable public
transportation options that would better meet their needs.

This growing loss in funding for Medicaid reimbursed trips coupled
with a corresponding loss in state transit operating assistance is
resulting in reduced transit service to the public in many rural areas
of the state and threatens the viability of public transportation in a
number of counties.

Prior to this change, each county was responsible for arranging the
necessary Medicaid funded transportation for its citizens. Often
counties developed coordinated transit services that met not only the
Medicaid transportation need, but also the transportation needs of
other social service agencies and the general public.


Through offering counties the right of first refusal to coordinate
services, this proposal will put transportation coordination back into
the hands of those who know what works best within their region of the
State be it Dial-a-Ride, fixed transit service or other modes.

LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.

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

                                  7222

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sens.  SEWARD,  O'MARA,  YOUNG -- read twice and ordered
  printed, and when printed to be committed 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.  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. SUCH CONTRACT SHALL REQUIRE THAT  THE  TRANSPORTATION  MANAGER
MUST FIRST OFFER THE COUNTY WHERE SERVICES ARE BEING REQUESTED THE RIGHT
TO  COORDINATE  SERVICES AND PRIORITY MUST BE GIVEN TO THE USE OF AVAIL-
ABLE LOCAL PUBLIC TRANSPORTATION SERVICES TO THE MAXIMUM EXTENT  PRACTI-
CABLE  FOR  THE  PROVISION OF TRANSPORTATION TO ELIGIBLE PERSONS. If the
commissioner elects to assume such responsibility from  a  local  social

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15018-01-4

S. 7222                             2

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.  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.
  S 2. Section 73-d of the transportation law, as amended by chapter 562
of the laws of 1987, is amended to read as follows:
  S 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  developmental  disabilities]  OFFICE  OF  PERSONS WITH
DEVELOPMENTAL DISABILITIES; the commissioner of social services;  [state
advocate  for the disabled; secretary of state;] AND THE commissioner of
agriculture and markets[; the director of the office  of  rural  affairs
and  the  director  of  the  division for youth]. [Six] EIGHT additional
members, all of whom shall  be  transportation  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

S. 7222                             3

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.
  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  FOURTEEN  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 OF THE SOCIAL SERVICES LAW FOR COUNTIES
WITH  A  POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE SHALL
SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR RURAL COMMU-
NITIES TO THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUDING, BUT
NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL  RIDERSHIP  FARES  FOR  PUBLIC
TRANSPORTATION  UTILIZATION,  RATES FOR LOW-COST COORDINATED TRANSPORTA-
TION WITH OTHER HUMAN SERVICE AGENCIES, AND RATES FOR PRIVATE  TRANSPOR-
TATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
  5.  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.
  S 3. This shall take effect immediately; provided,  however  that  the
amendments  to subdivision 4 of section 365-h of the social services law
made by section one of this act shall  not  affect  the  expiration  and
reversion of such section and shall be deemed to expire therewith.

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