S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2503
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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-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
              

 S. 2503                             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.