senate Bill S7798

2013-2014 Legislative Session

Directs commissioner of transportation, in cooperation with the commissioner of developmental disabilities, to establish an integrated transportation program for persons with certain disabilities

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Archive: Last Bill Status - Passed Senate


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to mental health
delivered to assembly
passed senate
ordered to third reading cal.1458
committee discharged and committed to rules
Jun 10, 2014 referred to mental health and developmental disabilities

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Co-Sponsors

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S7798 - Bill Details

See Assembly Version of this Bill:
A10167
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.09, Ment Hyg L; amd §§2 & 14, Transp L

S7798 - Bill Texts

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Directs the commissioner of transportation, in cooperation with the commissioner of developmental disabilities, to establish an integrated transportation program for persons with intellectual and developmental disabilities.

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BILL NUMBER:S7798

TITLE OF BILL: 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

PURPOSE OF BILL: Directs commissioner of transportation, in
cooperation with the commissioner of developmental disabilities, to
establish an integrated transportation program for persons with
certain disabilities.

SUMMARY OF PROVISIONS:

Section 13.09 of the mental hygiene law is amended to a new
subdivision (h) to require that the commissioner of the OPWDD will
provide cooperation and assistance to the Commissioner of
Transportation for the purposes of planning and establishing an
integrated transportation demonstration program.

Section 2 of the transportation law is amended to add a new
subdivision 33-a defining "transportation provider."

Section 14 of the transportation law is amended by adding a new
subdivision 36, which will require the commissioner of transportation,
in conjunction with the commissioner of OPWDD, in consultation with
specified groups, to develop a plan with recommendations for the
establishment of the integrated transportation demonstration program.
The plan is required to be submitted to various parties by January 1,
2015, for consideration in the SFY 2015-2016 Executive Budget.

Within amounts appropriated, the commissioner of transportation shall,
in cooperation with the commissioner of developmental disabilities,
direct transportation providers in five locations across the state to
study how the coordination of local human service agencies providing
transportation to the developmentally and intellectually disabled can
improve the quality, opportunity, and access of transportation
services.

JUSTIFICATION: In the absence of comprehensive public transportation
services throughout upstate New York, not-for-profit service providers
such as ARCs and UCPs have created extensive transportation systems
necessary to link people with developmental disabilities to daily
programs and activities within their communities.

Some of these providers have obtained authority under Article 7 of
Transportation Law and appropriate vehicles. Furthermore, some
transport populations other than those they otherwise serve.

Still, most remain exempt from approval and inspection as a DOT
authorized carriers since they transport only their own clientele.
These providers recognize there are opportunities to become more
efficient by coordinating transportation routes to avoid duplication.
They also recognize that as New York transforms its long term care
services and, consistent with the US Supreme Court's Olmstead
Decision, moves toward smaller community-based settings, efficient
transportation is essential to move people among the various


residential, day and employment settings necessary to integrate them
into their communities. This is especially true in rural communities
where services are widely scattered.

Such coordination will involve special software for mapping existing
routes, identification of specialized transportation needs such as
wheelchair-equipped vehicles, trained aides to attend to medical or
behavioral needs, available seating, necessary pick up and drop off
times and other factors to redesign routes to accommodate the needs of
all individuals registered as riders in the coordinated system.
Furthermore, populations other than individuals with developmental
disabilities and associated providers will be invited to participate
in the new system. Routine evaluation of system effectiveness will be
reported to the Commissioners of DOT and OPWDD. Participating
providers currently exempt from authorization under Article 7 will be
permitted to remain exempt only to the extent they are transporting
service recipients of participating providers who are registered
passengers in the coordinated system and are not transporting public
passengers.

Participating providers will identify net savings derived from
coordination. The Commissioner of OPWDD will work with the appropriate
State and/or federal agencies to modify funding methodologies to
support ongoing transportation needs of the registered participants in
accordance with the State's transformation initiatives. Furthermore,
participating providers will identify opportunities for expansion of
the coordinated system particularly in regard to supporting rural
transportation needs. The Commissioner of Transportation will assist
in the planning and funding to facilitate the new coordinate
transportation system.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: The pilot program will be subject to
appropriation in the SFY 2015-2016 Executive Budget

EFFECTIVE DATE: This act shall take effect immediately, except that
paragraph (a) of subdivision 36 of the transportation law, as added by
section three of this act, shall take effect April 1, 2015.

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

                                  7798

                            I N  S E N A T E

                              June 10, 2014
                               ___________

Introduced by Sens. YOUNG, ROBACH, DeFRANCISCO, GALLIVAN, LITTLE, NOZZO-
  LIO, RITCHIE -- read twice and ordered printed, and when printed to be
  committed to the Committee on Mental Health and Developmental Disabil-
  ities

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

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

S. 7798                             2

LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, FOR CONSIDERATION IN THE
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.

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