S T A T E O F N E W Y O R K
________________________________________________________________________
1149--B
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
___________
Introduced by Sens. O'MARA, YOUNG -- read twice and ordered printed, and
when printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 separately amended by section 50 of part B
and section 24 of part D of chapter 57 of the laws of 2015, 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, other than transportation services provided or arranged for
enrollees of managed long term care plans issued certificates of author-
ity under section forty-four hundred three-f of the public health law.
Any transportation manager or managers selected by the commissioner to
manage transportation services shall have proven experience in coordi-
nating 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04266-05-5
S. 1149--B 2
contracts may include responsibility for: review, approval and process-
ing 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 reimbursement rates devel-
oped by transportation managers under this subdivision 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 THE INTERA-
GENCY COORDINATING COMMITTEE ON RURAL PUBLIC TRANSPORTATION AS DEFINED
IN SECTION SEVENTY-THREE-D OF THE TRANSPORTATION LAW.
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 members. The commissioner or his or her designee
shall serve as chairperson. Twelve of such members shall be the follow-
ing 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 ALCOHOLISM AND
SUBSTANCE ABUSE; the commissioner of the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities; the commissioner of
[social services; state advocate for the disabled] THE OFFICE FOR TEMPO-
RARY AND DISABILITY ASSISTANCE; THE EXECUTIVE DIRECTOR OF THE NEW YORK
STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS;
THE secretary of state; THE commissioner of agriculture and markets[;
the director of the office of rural affairs] and the [director of the
division for youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES. Six additional members, all of whom shall be transportation
providers or consumers representing rural counties shall be appointed to
serve a term of three years as follows: two by the [president pro-tem-
pore] TEMPORARY PRESIDENT of the senate, two 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. THE SIX
MEMBERS APPOINTED BY THE LEGISLATURE, AS WELL AS THE COMMISSIONER OR HIS
OR HER DESIGNEE, SHALL BE THE VOTING MEMBERS. THE BALANCE OF THE COMMIT-
TEE WILL SERVE IN AN ADVISORY OR CONSULTING CAPACITY. THE COMMITTEE
SHALL KEEP A RECORD OF ITS OFFICIAL ACTIONS. 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[:] MEET AT LEAST ONCE EVERY THREE MONTHS AND
SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF
THE SENATE, AND THE GOVERNOR ANNUALLY, BEGINNING OCTOBER FIRST, TWO
THOUSAND FIFTEEN. THE ANNUAL REPORT SHALL:
S. 1149--B 3
A. IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND DESCRIBE RIDER-
SHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM;
B. IDENTIFY RURAL POPULATIONS CURRENTLY UTILIZING PUBLIC TRANSPORTA-
TION, AS WELL AS POPULATIONS IN NEED OF PUBLIC TRANSPORTATION WITHOUT
ACCESS, AND DISCUSS RECOMMENDATIONS FOR MAINTAINING AND EXPANDING
SERVICES;
C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA-
TION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION OF PUBLIC
TRANSPORTATION BY MEDICAID PATIENTS;
D. 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.] E. identify restrictions on existing programs that inhibit funds
from such programs being used to pay for a coordinated public transpor-
tation service in rural counties;
[c.] F. recommend changes in state or local laws or regulations that
would improve the coordination of funds, facilities, vehicles or equip-
ment 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].
3. 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-H OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A
POPULATION OF TWO HUNDRED THOUSAND OR LESS. ANY PROPOSAL FOR A RATE
ADJUSTMENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE
COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
4. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE COMMITTEE
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE COMMITTEE'S BUSI-
NESS. THE COMMITTEE SHALL HAVE THE POWER TO ACT BY A MAJORITY VOTE OF
THE VOTING MEMBERS. COMMITTEE MEMBERS SHALL HOLD OFFICE UNTIL THEIR
SUCCESSORS HAVE BEEN APPOINTED AND HAVE QUALIFIED. THE SELECTION OF
SUCCESSORS TO FILL A VACANCY SHALL BE MADE IN THE SAME MANNER IN WHICH
THE RETIRING COMMITTEE MEMBERS SHALL HAVE BEEN SELECTED. MEMBERS OF THE
COMMITTEE SHALL RECEIVE NO SALARY OR OTHER COMPENSATION, BUT SHALL BE
ENTITLED TO THEIR ACTUAL AND NECESSARY EXPENSES, INCLUDING TRAVELING
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
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.
