S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4926
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee 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-d to read as follows:
   § 152-D. 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
   (V) INTERPRETING FOR THE PERSON  IN  A  FORMAL  SETTING,  INCLUDING  A
 MEDICAL, LEGAL, OR BUSINESS SETTING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07171-01-3
              

 A. 4926                             2
 
   (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.