Assembly Bill A5020

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5020
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ZINERMAN,  CUNNINGHAM, EPSTEIN, FITZPATRICK,
   GONZALEZ-ROJAS, MAMDANI, SEAWRIGHT, SIMON -- read once and referred to
   the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  establishing  a
   co-navigation services program for persons who are deaf-blind

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 152-e to read as follows:
   §  152-E.  CO-NAVIGATION  SERVICES  PROGRAM  FOR PERSONS WHO ARE DEAF-
 BLIND.  1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "COMMUNICATION MODE" INCLUDES COMMUNICATION THROUGH:
   (I)  AUDITORY AMPLIFICATION, SUCH AS THROUGH A PERSONAL HEARING AID OR
 ASSISTIVE LISTENING DEVICE;
   (II) AMERICAN SIGN LANGUAGE OR SIGNED  ENGLISH  BY  BOTH  TACTILE  AND
 VISUAL MEANS; AND
   (III) PROTACTILE LANGUAGE.
   (B)  "CO-NAVIGATION  SERVICES" MEANS SERVICES PROVIDED TO A PERSON WHO
 IS DEAF-BLIND THAT ASSIST THE PERSON TO PHYSICALLY ACCESS  THE  PERSON'S
 ENVIRONMENT  AND TO MAKE INFORMED DECISIONS. THE TERM INCLUDES PROVIDING
 VISUAL AND ENVIRONMENTAL  INFORMATION  OR  SIGHTED  GUIDE  SERVICES  AND
 ASSISTING  WITH  COMMUNICATION  ACCESSIBILITY  BY  COMMUNICATING  IN THE
 PREFERRED LANGUAGE AND COMMUNICATION MODE OF THE  PERSON  WHO  IS  DEAF-
 BLIND. THE TERM DOES NOT INCLUDE PERFORMING ANY OF THE FOLLOWING FOR THE
 PERSON:
   (I) PROVIDING PERSONAL CARE SERVICES TO THE PERSON;
   (II) COMPLETING ORDINARY ERRANDS FOR THE PERSON;
   (III) MAKING DECISIONS FOR THE PERSON;
   (IV) TEACHING OR OTHERWISE INSTRUCTING THE PERSON; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08090-01-5
 A. 5020                             2
              

 
   (V)  INTERPRETING  FOR  THE  PERSON  IN  A FORMAL SETTING, INCLUDING A
 MEDICAL, LEGAL, OR BUSINESS SETTING.
   (C)  "CO-NAVIGATOR" MEANS A PERSON WHO IS SPECIALLY TRAINED TO PROVIDE
 CO-NAVIGATION SERVICES.
   (D) "PROGRAM" MEANS THE DEAF-BLIND CO-NAVIGATION SERVICES PROGRAM.
   (E) "PROTACTILE LANGUAGE" MEANS A METHOD  OF  COMMUNICATION  BASED  ON
 TOUCH THAT IS USED BY PERSONS WHO ARE DEAF-BLIND.
   2.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  LAW,  A  SOCIAL
 SERVICES DISTRICT SHALL, IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 SECTION  AND REGULATIONS OF THE DEPARTMENT, OFFER AND PROVIDE A CO-NAVI-
 GATION SERVICES PROGRAM THROUGH WHICH:
   (A) CO-NAVIGATION SERVICES ARE PROVIDED BY CO-NAVIGATORS; AND
   (B) THE SOCIAL SERVICES DISTRICT REIMBURSES THE CO-NAVIGATORS FOR  THE
 PROVISION OF THE SERVICES FROM FUNDS APPROPRIATED THEREFOR.
   3.  THE COMMISSIONER SHALL ESTABLISH REIMBURSEMENT RATES TO BE PAID TO
 A CO-NAVIGATOR UNDER THE PROGRAM. THE REIMBURSEMENT RATES  SHALL  USE  A
 TIERED WAGE SCALE THAT IS BASED ON THE CO-NAVIGATOR'S:
   (A) LEVEL OF TRAINING IN COMMUNICATION MODES FOR PERSONS WHO ARE DEAF-
 BLIND AND IN SIGHTED GUIDE-MOBILITY TECHNIQUES; AND
   (B) FLUENCY AND SKILL IN COMMUNICATION MODES AND SIGHTED GUIDE-MOBILI-
 TY FOR PERSONS WHO ARE DEAF-BLIND.
   4.  A SOCIAL SERVICES DISTRICT SHALL ENSURE THAT QUALITY CO-NAVIGATION
 SERVICES ARE PROVIDED UNDER THE PROGRAM BY:
   (A) MONITORING THE COMPLIANCE OF CO-NAVIGATORS WITH PROGRAM RULES;
   (B) DEVELOPING FUNDING SOURCES FOR THE PROGRAM THAT ARE IN ADDITION TO
 STATE SOURCES AND WILL REDUCE RELIANCE ON THE STATE SOURCES FOR  CONTIN-
 UATION OF THE PROGRAM; AND
   (C)  PROVIDING  FUNDING AND TECHNICAL ASSISTANCE FOR TRAINING PROGRAMS
 FOR:
   (I) CO-NAVIGATORS UNDER THE PROGRAM; AND
   (II) PERSONS WHO ARE DEAF-BLIND TO ENABLE THOSE PERSONS TO EFFECTIVELY
 USE THE SERVICES OFFERED UNDER THE PROGRAM.
   5. THE COMMISSIONER MAY ESTABLISH AN ADVISORY COMMITTEE TO ADVISE  THE
 COMMISSION  IN DEVELOPING AND OPERATING THE PROGRAM, INCLUDING OPERATING
 THE PROGRAM IN A MANNER THAT ENSURES THE EFFICIENT USE OF  STATE  MONEY.
 THE  COMMISSIONER  SHALL  DETERMINE THE NUMBER OF MEMBERS SERVING ON THE
 ADVISORY COMMITTEE, WHICH SHALL INCLUDE PERSONS WHO ARE  DEAF-BLIND  AND
 OTHER STAKEHOLDERS.
   6.  THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
 SARY TO:
   (A) OPERATE THE PROGRAM IN A MANNER THAT IS  EFFICIENT  AND  MAXIMIZES
 THE NUMBER OF PERSONS SERVED; AND
   (B)  ENSURE  THAT  CO-NAVIGATORS  RECEIVING  REIMBURSEMENT  UNDER  THE
 PROGRAM HAVE ADEQUATE TRAINING TO PROVIDE CO-NAVIGATION SERVICES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.