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

                                  10109

                          I N  A S S E M B L Y

                              June 13, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
  -- read once and referred to the Committee on Health

AN ACT to amend the social services law and the transportation  law,  in
  relation  to  the  interagency  coordinating committee on rural public
  transportation

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

  Section  1. The opening paragraph of subdivision 4 of section 365-h of
the social services law, as added by section 20 of part B of chapter 109
of the laws of 2010, is amended to read as follows:
  The commissioner of health is authorized to assume responsibility from
a local social services official for the provision and reimbursement  of
transportation  costs  under this section. If the commissioner elects to
assume such responsibility, the  commissioner  shall  notify  the  local
social  services  official  in writing as to the election, the date upon
which the election shall be effective and such information as to transi-
tion of responsibilities as the commissioner deems prudent. The  commis-
sioner is authorized to contract with a transportation manager or manag-
ers  to  manage  transportation  services  in  any local social services
district. Any transportation manager or managers selected by the commis-
sioner to manage transportation services shall have proven experience in
coordinating transportation services in  a  geographic  and  demographic
area  similar  to the area in New York state within which the contractor
would manage the provision  of  services  under  this  section.  Such  a
contract  or  contracts may include responsibility for: review, approval
and processing of transportation orders; management of  the  appropriate
level  of  transportation  based on documented patient medical need; and
development of new  technologies  leading  to  efficient  transportation
services.  If the commissioner elects to assume such responsibility from
a local social services district, the commissioner shall  examine  and[,
if  appropriate,] adopt quality assurance measures that may include, but
are  not  limited  to,  global  positioning  tracking  system  reporting
requirements and service verification mechanisms. Any and all reimburse-
ment  rates  developed by transportation managers under this subdivision

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

                                                           LBD15574-01-4

A. 10109                            2

SHALL INCLUDE RATES FOR PUBLIC TRANSPORTATION THAT REFLECT THE  COST  TO
PROVIDE  SERVICE  TO  ELIGIBLE  INDIVIDUALS  AND shall be subject to the
review and approval of the commissioner.  IN REVIEWING THE REIMBURSEMENT
RATES  DEVELOPED  BY  TRANSPORTATION  MANAGERS,  THE  COMMISSIONER SHALL
CONSULT WITH LOCAL OFFICIALS RESPONSIBLE FOR  PUBLIC  TRANSPORTATION  IN
THE  AFFECTED COUNTY AND THE INTERAGENCY COORDINATING COMMITTEE ON RURAL
PUBLIC TRANSPORTATION AS  DEFINED  IN  SECTION  SEVENTY-THREE-D  OF  THE
TRANSPORTATION   LAW.  Notwithstanding  any  inconsistent  provision  of
sections one hundred twelve and one hundred  sixty-three  of  the  state
finance  law,  or section one hundred forty-two of the economic develop-
ment law, or any other law, the commissioner is authorized to enter into
a contract or contracts under this subdivision without a competitive bid
or request for proposal process, provided, however, that:
  S 2. Section 73-d of the transportation law, as amended by chapter 562
of the laws of 1987, is amended to read as follows:
  S 73-d. Interagency coordinating committee on rural public transporta-
tion. 1. There is hereby created a committee to be known as the "intera-
gency coordinating committee on  rural  public  transportation",  to  be
comprised  of [nineteen] SIXTEEN members. The commissioner or his or her
designee shall serve as chairperson.  [Twelve]  EIGHT  of  such  members
shall be the following or his or her duly designated representative: the
director of the office for the aging; the commissioner of education; the
commissioner  of  labor; the commissioner of health; the commissioner of
the office of mental health; the commissioner of the office  [of  mental
retardation and] FOR PEOPLE WITH developmental disabilities; the commis-
sioner  of  social services; [state advocate for the disabled; secretary
of state;] AND THE commissioner of agriculture and markets[; the  direc-
tor  of the office of rural affairs and the director of the division for
youth].  [Six] EIGHT additional members, all of whom shall be  transpor-
tation  providers  or  consumers  representing  rural  counties shall be
appointed to serve a term of three years as follows: [two] THREE by  the
president  pro-tempore  of the senate, [two] THREE by the speaker of the
assembly, one by the minority leader of  the  senate,  and  one  by  the
minority  leader  of  the  assembly.  Efforts shall be made to provide a
broad  representation  of  consumers  and  providers  of  transportation
services  in  rural  counties when making such appointments.  Members of
the committee shall receive no salary.
  The commissioner shall cause the department to provide  staff  assist-
ance  necessary for the efficient and effective operation of the commit-
tee.
  2. The committee shall:
  A. identify programs and the annual amounts and sources of funds  from
such  programs  that  are  eligible  to be used to support a coordinated
public transportation service, and the annual  amounts  and  sources  of
such  funds  that  are  actually  used  for client transportation or for
transportation of persons in connection with agency-affiliated  programs
or services; such data shall be provided on a county basis;
  b.  identify restrictions on existing programs that inhibit funds from
such programs being used to pay for a coordinated public  transportation
service in rural counties;
  c.  recommend changes in state or local laws or regulations that would
improve the coordination of funds, facilities, vehicles or equipment and
other resources used for transportation at the local level;
  d. upon request, compile and forward to the commissioner any  data  or
other information required by this section.

A. 10109                            3

  3.  THE  COMMITTEE  SHALL  BE REQUIRED TO REPORT TO THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR  BIAN-
NUALLY  BEGINNING  OCTOBER  FIRST,  TWO  THOUSAND FOURTEEN REGARDING THE
MANAGEMENT OF NON-EMERGENCY MEDICAID TRANSPORTATION IN  RURAL  AREAS  AS
DEFINED  BY  SECTION  FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW. THIS
SHALL INCLUDE, BUT NOT BE LIMITED TO, A  BREAKDOWN  BY  COUNTY  OF  COST
SAVINGS,  MODES  OF  TRANSPORTATION  PROVIDED  TO MEDICAID PATIENTS, AND
RATES OF UTILIZATION OF PUBLIC TRANSPORTATION.
  4. THE COMMITTEE SHALL BE  REQUIRED  TO  EXAMINE  REIMBURSEMENT  RATES
DEVELOPED  BY  TRANSPORTATION  MANAGERS  PURSUANT TO SUBDIVISION FOUR OF
SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR  COUN-
TIES  WITH  A  POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE
SHALL SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR  RURAL
COMMUNITIES  TO  THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUD-
ING, BUT NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP  FARES  FOR
PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS-
PORTATION  WITH  OTHER  HUMAN  SERVICE  AGENCIES,  AND RATES FOR PRIVATE
TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
  THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE  PRIOR  TO
APPROVAL  OF  RATES  PROPOSED  UNDER  SUBDIVISION  FOUR OF SECTION THREE
HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A  POPU-
LATION  OF TWO HUNDRED THOUSAND OR LESS. ANY PROPOSAL FOR A RATE ADJUST-
MENT FOR RURAL COMMUNITIES AFTER  APPROVAL  SHALL  BE  EXAMINED  BY  THE
COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
  S  3. This act shall take effect immediately; provided that the amend-
ments to the opening paragraph of subdivision 4 of section 365-h of  the
social services law made by section one of this act shall not affect the
repeal  of  such  section and shall expire and be deemed repealed there-
with.