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.