S T A T E   O F   N E W   Y O R K
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                                  4770--A
     Cal. No. 836
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee, ordered to first and second  report,  amended
   on  second  report, ordered to a third reading, and to be reprinted as
   amended, retaining its place in the order of third reading
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10936-02-9

 S. 4770--A                          2
 
   (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 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.