NY State Senate Bill 2019-S7911

Senate Bill S7911

2019-2020 Legislative Session

Relates to enabling the commissioner of social services to review state plans for special transportation services for children

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2020	referred to health

co-Sponsors

2019-S7911 (ACTIVE) - Details

See Assembly Version of this Bill:: A9010
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §§368-d & 368-e, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: A138

2019-S7911 (ACTIVE) - Summary

Enables the commissioner of social services to review state plans which provide for special transportation services for children and pre-school children to ensure that state policies are not more restrictive than policies at the federal level.

2019-S7911 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7911

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the social services law, in relation to reimbursement
for special transportation services

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation aims at improving the School Supportive Health Services
Program by ensuring that all possible available federal funds that cover
transportation needs for children with handicaps are pursued.

 
SUMMARY OF PROVISIONS:

Section 1: Section 368-d of the social services law is amended by adding
a new subdivision 7 to read as follows: The commissioner shall, begin-
ning 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, or such children suspected of having handicap-
ping 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 amend-
ments 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 special transportation
services furnished by school districts to children with handicapping
conditions or such children suspected of having handicapping conditions.

This section outlines responsibilities of commissioner in securing
available federal funding for the purposes of serving children with
handicapping conditions, including considering best practice policies in
other states, and consultation with school district and school offi-
cials.

Section 2: Section 368-e of the Social Services Law is amended by adding
a new subdivision 6 that reads as amendment to Section 368-d subdivision
7 above.

Section 3: This section shall take effect immediately.

 
JUSTIFICATION:

New York State takes a very restrictive interpretation of federal
Centers for Medicare and Medicaid Service (CMS) requirements for
specialized transportation claiming federal guidelines indicate that if
a Medicaid eligible child requires transportation in a vehicle adapted
for the child's disability and that medical need is listed on the
child's IEP, the transportation service is claimable.


However, federal guidelines do not outline a specific definition of an
adapted vehicle. While definitions for "special adapted vehicles" vary
amongst states, New York State has the most restrictive definition.
Guidance from NYS DOH limits reimbursement only to vehicles with phys-
ical adaptations such as a wheelchair ramp, lift or tinted window.

New Jersey, Virginia, Pennsylvania and Massachusetts are a few examples
of states that have interpreted federal CMS guidelines on transportation
more broadly than New York State allowing them to claim reimbursement at
higher amounts to transport these children.  The New York City Depart-
ment of Education (DOE) estimates there are approximately 25,000
students served with a requirement for special transportation and at
least one accommodation or adaptation, including:

*Safety restraints
*Medical equipment/devices (including oxygen tanks)
*Nursing services
*Climate control, ultraviolet shield
*Tinted windows
*Reduced size vehicles, and limited travel time Solution

New York City is requesting that New York State DOH revise its
policy/guidance to expand the scope of claimable adaptations in accord-
ance with federal CMS guidelines, and to include but not be limited to:
Safety restraints, medical equipment, paraprofessional or nursing
services, smaller vehicle size, alternative vehicle routing and climate
control.

This action allows DOE to maximize federal Medicaid funding available
for these services under the School Supportive Health Services Program.

 
PRIOR LEGISLATIVE HISTORY:

2019 S 4770-A / A 7962-A - Vetoed, Memo 272

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None. Will actually increase federal funds to New York City to cover
costs of transporting children with handicapping conditions.

 
EFFECTIVE DATE:
This section shall take effect immediately.

2019-S7911 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7911
 
                             I N  S E N A T E
 
                               March 2, 2020
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10936-04-0

 S. 7911                             2
 
 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.

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Senate Bill S7911

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Sponsored By

Julia Salazar