S T A T E O F N E W Y O R K
________________________________________________________________________
1082
2017-2018 Regular Sessions
I N A S S E M B L Y
January 10, 2017
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Mental Health
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.
§ 2. The mental hygiene law is amended by adding a new section 13.18
to read as follows:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02615-01-7
A. 1082 2
HABILITATION SERVICES FOR TO AND FROM TRANSPORTATION IS BASED ON PROVID-
ER SPECIFIC INDEPENDENTLY CERTIFIED FINANCIAL DATA THAT IS FROM THE
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.
§ 3. This act shall take effect immediately.