Assembly Bill A138

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    138
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, FERNANDEZ -- read once and referred to
   the Committee on Health
 
 AN  ACT  to  amend the social services law, in relation to reimbursement
   for special transportation services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  368-d  of  the social services law is amended by
 adding a new subdivision 7 to read as follows:
   7. THE COMMISSIONER SHALL, BEGINNING UPON THE EFFECTIVE DATE  OF  THIS
 SUBDIVISION  AND  ON AN ONGOING BASIS THEREAFTER, REVIEW WHETHER CURRENT
 STATE RULES, REGULATIONS,  POLICY,  BILLING  GUIDELINES  AND  AMENDMENTS
 UNDER   THE  STATE  PLAN  FOR  MEDICAL  ASSISTANCE  CONCERNING  MEDICAID
 REIMBURSEMENT FOR SPECIAL TRANSPORTATION SERVICES, WHICH  ARE  FURNISHED
 BY  SCHOOL  DISTRICTS TO CHILDREN WITH HANDICAPPING CONDITIONS RECEIVING
 MEDICAL CARE AND SERVICES THAT  QUALIFY  FOR  REIMBURSEMENT  UNDER  THIS
 TITLE,  ARE  MORE RESTRICTIVE THAN REQUIRED BY FEDERAL LAW, REGULATIONS,
 OR POLICY. THE COMMISSIONER SHALL TAKE ALL PRACTICABLE STEPS  TO  ENSURE
 THAT ANY NECESSARY CHANGES ARE MADE TO STATE RULES, REGULATIONS, POLICY,
 AND  BILLING  GUIDELINES,  AND  SUBMIT ANY NECESSARY PROPOSED STATE PLAN
 AMENDMENTS TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, TO  ENSURE
 RECEIPT  OF  ALL  AVAILABLE  FEDERAL FINANCIAL PARTICIPATION UNDER TITLE
 NINETEEN OF THE FEDERAL SOCIAL SECURITY ACT FOR TRANSPORTATION  SERVICES
 FURNISHED  BY SCHOOL DISTRICTS TO CHILDREN WITH HANDICAPPING CONDITIONS.
 IN SO DOING, THE COMMISSIONER SHALL:
   (A) SEEK TO ENSURE RECEIPT OF ALL AVAILABLE FEDERAL FINANCIAL  PARTIC-
 IPATION  FOR  TRANSPORTATION  SERVICES  FURNISHED  TO CHILDREN WITH BOTH
 PHYSICAL AND NON-PHYSICAL DISABILITIES;
   (B) SEEK TO ENSURE RECEIPT OF ALL AVAILABLE FEDERAL FINANCIAL  PARTIC-
 IPATION  FOR TRANSPORTATION SERVICES INVOLVING ACCOMMODATIONS INCLUDING,
 BUT NOT LIMITED TO, SAFETY RESTRAINTS AND HARNESSES, MEDICAL  EQUIPMENT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00487-01-1

 A. 138                              2
 
 PARAPROFESSIONAL  OR NURSING SERVICES, SMALLER VEHICLE SIZE, ALTERNATIVE
 VEHICLE ROUTING, AND CLIMATE CONTROL;
   (C)  CONSIDER  WHETHER OTHER STATES HAVE LESS RESTRICTIVE RULES, REGU-
 LATIONS, POLICY, BILLING GUIDELINES AND APPROVED STATE  PLAN  AMENDMENTS
 CONCERNING  MEDICAID  REIMBURSEMENT  FOR SPECIAL TRANSPORTATION SERVICES
 FURNISHED BY SCHOOL DISTRICTS TO CHILDREN WITH HANDICAPPING  CONDITIONS;
 AND
   (D) CONSULT WITH REPRESENTATIVES OF SCHOOL DISTRICTS, INCLUDING SCHOOL
 DISTRICTS IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE.
   §  2.  Section 368-e of the social services law is amended by adding a
 new subdivision 6 to read as follows:
   6. THE COMMISSIONER SHALL, BEGINNING UPON THE EFFECTIVE DATE  OF  THIS
 SUBDIVISION  AND  ON AN ONGOING BASIS THEREAFTER, REVIEW WHETHER CURRENT
 STATE RULES, REGULATIONS,  POLICY,  BILLING  GUIDELINES  AND  AMENDMENTS
 UNDER   THE  STATE  PLAN  FOR  MEDICAL  ASSISTANCE  CONCERNING  MEDICAID
 REIMBURSEMENT FOR SPECIAL TRANSPORTATION SERVICES, WHICH  ARE  FURNISHED
 BY  COUNTIES  AND THE CITY OF NEW YORK TO PRESCHOOL CHILDREN WITH HANDI-
 CAPPING CONDITIONS RECEIVING MEDICAL CARE AND SERVICES THAT QUALIFY  FOR
 REIMBURSEMENT  UNDER  THIS  TITLE, ARE MORE RESTRICTIVE THAN REQUIRED BY
 FEDERAL LAW, REGULATIONS, OR POLICY. THE  COMMISSIONER  SHALL  TAKE  ALL
 PRACTICABLE STEPS TO ENSURE THAT ANY NECESSARY CHANGES ARE MADE TO STATE
 RULES,  REGULATIONS,  POLICY,  AND  BILLING  GUIDELINES,  AND SUBMIT ANY
 NECESSARY PROPOSED STATE PLAN AMENDMENTS TO THE CENTERS FOR MEDICARE AND
 MEDICAID SERVICES, TO ENSURE RECEIPT OF ALL AVAILABLE FEDERAL  FINANCIAL
 PARTICIPATION  UNDER  TITLE  NINETEEN OF THE FEDERAL SOCIAL SECURITY ACT
 FOR TRANSPORTATION SERVICES FURNISHED BY COUNTIES AND THE  CITY  OF  NEW
 YORK  TO  PRESCHOOL CHILDREN WITH HANDICAPPING CONDITIONS.  IN SO DOING,
 THE COMMISSIONER SHALL:
   (A) SEEK TO ENSURE RECEIPT OF ALL AVAILABLE FEDERAL FINANCIAL  PARTIC-
 IPATION FOR TRANSPORTATION SERVICES FURNISHED TO PRESCHOOL CHILDREN WITH
 NON-PHYSICAL DISABILITIES;
   (B)  SEEK TO ENSURE RECEIPT OF ALL AVAILABLE FEDERAL FINANCIAL PARTIC-
 IPATION FOR TRANSPORTATION SERVICES INVOLVING ACCOMMODATIONS  INCLUDING,
 BUT  NOT LIMITED TO, SAFETY RESTRAINTS AND HARNESSES, MEDICAL EQUIPMENT,
 PARAPROFESSIONAL OR NURSING SERVICES, SMALLER VEHICLE SIZE,  ALTERNATIVE
 VEHICLE ROUTING, AND CLIMATE CONTROL;
   (C)  CONSIDER  WHETHER OTHER STATES HAVE LESS RESTRICTIVE RULES, REGU-
 LATIONS, POLICY, BILLING GUIDELINES AND APPROVED STATE  PLAN  AMENDMENTS
 CONCERNING  MEDICAID  REIMBURSEMENT  FOR SPECIAL TRANSPORTATION SERVICES
 FURNISHED BY SCHOOL DISTRICTS TO PRESCHOOL  CHILDREN  WITH  HANDICAPPING
 CONDITIONS; AND
   (D) CONSULT WITH REPRESENTATIVES OF COUNTIES AND THE CITY OF NEW YORK.
   § 3. This act shall take effect immediately.