NY State Senate Bill 2015-S7678

Senate Bill S7678

2015-2016 Legislative Session

Relates to reimbursement of transportation services to and from day habilitation programs for people with developmental disabilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	reported and committed to finance
May 12, 2016	referred to mental health and developmental disabilities

Votes

- Jun 2, 2016 - Committee Vote
  S7678
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 2, 2016
      
      aye (11)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      Serrano
      
      Seward

2015-S7678 (ACTIVE) - Details

See Assembly Version of this Bill:: A10493
Current Committee:: Senate Finance
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.18, Ment Hyg L
Versions Introduced in 2017-2018 Legislative Session:: A1082

2015-S7678 (ACTIVE) - Summary

Requires the commissioner of the office for people with developmental disabilities, in collaboration with the commissioner of health, to develop a plan for reimbursement of transportation services to and from day habilitation programs for people with developmental disabilities.

2015-S7678 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7678

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to the reimbursement of transportation services to and from day
habilitation programs for people with developmental disabilities

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would assure that reimbursement provided by OPWDD for
transportation to and from licensed day habilitation sites is based on
certified financial information that is no more than one year old, and
is reimbursed on equal monthly payments.

 SUMMARY OF SPECIFIC PROVISIONS :

The Commissioner of OPWDD in collaboration with DOH shall develop a
plan to assure that transportation reimbursement to providers of day
habilitation services to and from transportation is based on provider
specific independently certified financial data that is from the
preceding fiscal year and is reimbursed to the provider monthly on
1112th of the amount expended during the immediate preceding fiscal
year and is increased based on applicable trend factors.

The plan shall also include proposals to recognizes the complexity of
transporting individuals with developmental disabilities, including
the need for on vehicle supervision, recognize the need to reduce

travel time to less than sixty minutes for day habilitation and
recognize the need for training in and use of public transportation as
appropriate.

 JUSTIFICATION :

There have been widespread complaints that since funding by the NYS
Office for Persons with Developmental Disabilities for transportation
to and from day habilitation program sites is based on financial data
that is not contemporaneous with current costs, providers are unable
to reduce the length of time traveling to and from day habilitation
sites. In those situations where providers have reduced travel time,
for their day habilitation participants, their costs have increased,
resulting in unreimbursed costs for these services. Compounding this
problem, rate rationalization reimbursement is based on a per day per
person methodology, which is inconsistent with the many situations
where providers must contract for transportation services paid for
based on a per vehicle per day charge.

Providers of day habilitation services are currently reimbursed for a
day of service to an individual, while the costs for transportation is
incurred based on a per vehicle used per day charge. Absenteeism
creates revenue shortfalls.

As individual participants age their ability to board and exit buses
becomes more complex, resulting in more travel time for remaining
riders. Also, some individuals with physical impairments require extra
time to board and exit vehicles. In these situations and those where
individuals with behavioral challenges ride these vehicles travel time
becomes lengthened.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7678 (ACTIVE) - Bill Text download pdf

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

                                  7678

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to the reimbursement
  of transportation services to and from day habilitation  programs  for
  people with developmental disabilities

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

  Section 1. The legislature finds that reimbursement  for  day  habili-
tation to and from transportation services is implemented and controlled
through  a  process  knows  as  "rate rationalization." Through the rate
rationalization process these funds are provided to licensed day habili-
tation providers to assure that individuals with developmental disabili-
ties are safely transported within a  reasonable  amount  of  time  from
their  homes  to  licensed day habilitation sites. The implementation of
rate rationalization has lead to widespread complaints that since  fund-
ing  for  transportation  to  and from day habilitation program sites is
based on financial data that is not contemporaneous with current  costs,
providers  are unable to reduce the length of time traveling to and from
day habilitation sites. In those situations where providers have reduced
travel time, for their day habilitation participants, their  costs  have
increased, resulting in unreimbursed costs for these services. Compound-
ing  this  problem, rate rationalization reimbursement is based on a per
day per person methodology, which is inconsistent with  the  many  situ-
ations  where  providers  must contract for transportation services paid
for based on a per vehicle per day charge.
  S 2. The mental hygiene law is amended by adding a new  section  13.18
to read as follows:
S 13.18 TRANSPORTATION REIMBURSEMENT.
  THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES,  IN COLLABORATION WITH THE COMMISSIONER OF HEALTH, SHALL DEVELOP A
PLAN TO ASSURE THAT TRANSPORTATION REIMBURSEMENT  TO  PROVIDERS  OF  DAY
HABILITATION SERVICES FOR TO AND FROM TRANSPORTATION IS BASED ON PROVID-
ER  SPECIFIC  INDEPENDENTLY  CERTIFIED  FINANCIAL  DATA THAT IS FROM THE

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

                                                           LBD15168-02-6

S. 7678                             2

IMMEDIATELY PRECEDING FISCAL YEAR, IS REIMBURSED TO THE PROVIDER MONTHLY
BASED ON ONE-TWELFTH OF  THE  AMOUNT  EXPENDED  DURING  THE  IMMEDIATELY
PRECEDING  FISCAL  YEAR,  AND  IS  INCREASED  BASED  ON APPLICABLE TREND
FACTORS. SUCH PLAN SHALL BE PUT INTO EFFECT ON APRIL FIRST, TWO THOUSAND
SEVENTEEN,  AND SHALL BE UPDATED ANNUALLY.  THE PLAN SHALL ALSO INCLUDE,
BUT NOT BE LIMITED TO, PROPOSALS TO ADDRESS THE FOLLOWING:
  (1) RECOGNIZE THE COMPLEXITY OF TRANSPORTING INDIVIDUALS WITH DEVELOP-
MENTAL DISABILITIES, INCLUDING THE NEED FOR ON-VEHICLE SUPERVISION;
  (2) RECOGNIZE THE NEED TO  REDUCE  TRAVEL  TIME  TO  LESS  THAN  SIXTY
MINUTES FOR DAY HABILITATION PARTICIPANTS; AND
  (3) RECOGNIZE THE NEED FOR THE TRAINING IN AND USE OF PUBLIC TRANSPOR-
TATION, AS APPROPRIATE.
  S 3. This act shall take effect immediately.

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