Relates to the composition of the interagency coordinating committee on rural public transportation; requires reports on non-emergency Medicaid transportation in rural areas.
TITLE OF BILL: An act to amend the social services law and the transportation law, in relation to the interagency coordinating committee on rural public transportation
Provides counties the right of first refusal to coordinate Medicaid non-emergency medical transportation and encourage the use of public transit where viable.
SUMMARY OF PROVISIONS:
Section one amends the social services law to provide that contracts between the State and transportation managers for Medicaid non-emergency medical transportation require that managers offer counties the option of coordinating transportation services and that the use of public transportation be prioritized to the maximum extent practicable.
Section two amends transportation law to modify the composition of the Interagency coordinating committee on rural public transportation and require that the committee (1) report to the Executive and the Legislature on the management of Medicaid non-emergency medical transportation on a biannual basis; (2)examine reimbursement rates developed by transportation managers and submit recommendations for proposed and effective rates for rural counties to the Commissioner of the Department of Health, and: (3) require the Commissioner to consult with the committee prior to approval of Medicaid reimbursement rates for rural Medicaid non-emergency medical transportation.
State efforts to change the way that Medicaid transportation is delivered is having an unintended impact on public transportation, especially in rural counties in upstate New York.Recently, the State has adopted a policy where a single private broker is contracted to arrange non- emergency medical trips for most New York counties.While the broker attempts to provide the necessary transportation in an easy to schedule manner many of the trips that were previously served by public transportation systems are now provided by taxis and other low occupancy vehicles - despite the availability of viable public transportation options that would better meet their needs.
This growing loss in funding for Medicaid reimbursed trips coupled with a corresponding loss in state transit operating assistance is resulting in reduced transit service to the public in many rural areas of the state and threatens the viability of public transportation in a number of counties.
Prior to this change, each county was responsible for arranging the necessary Medicaid funded transportation for its citizens. Often counties developed coordinated transit services that met not only the Medicaid transportation need, but also the transportation needs of other social service agencies and the general public.
Through offering counties the right of first refusal to coordinate services, this proposal will put transportation coordination back into the hands of those who know what works best within their region of the State be it Dial-a-Ride, fixed transit service or other modes.
This is new legislation.
To be determined.
STATE OF NEW YORK ________________________________________________________________________ 7222 IN SENATE May 6, 2014 ___________Introduced by Sens. SEWARD, O'MARA, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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. Subdivision 4 of section 365-h of the social services law, as added by section 20 of part B of chapter 109 of the laws of 2010, is amended to read as follows: 4. The commissioner of health is authorized to assume responsibility from a local social services official for the provision and reimburse- ment 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 transition of responsibilities as the commissioner deems prudent. The commissioner is authorized to contract with a transportation manager or managers to manage transportation services in any local social services district. Any transportation manager or managers selected by the commis- sioner to manage transportation services shall have proven experience in coordinating 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 contracts may include responsibility for: review, approval and processing 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. SUCH CONTRACT SHALL REQUIRE THAT THE TRANSPORTATION MANAGER MUST FIRST OFFER THE COUNTY WHERE SERVICES ARE BEING REQUESTED THE RIGHT TO COORDINATE SERVICES AND PRIORITY MUST BE GIVEN TO THE USE OF AVAIL- ABLE LOCAL PUBLIC TRANSPORTATION SERVICES TO THE MAXIMUM EXTENT PRACTI- CABLE FOR THE PROVISION OF TRANSPORTATION TO ELIGIBLE PERSONS. If the commissioner elects to assume such responsibility from a local socialEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15018-01-4 S. 7222 2
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 LOCAL OFFI- CIALS RESPONSIBLE FOR PUBLIC TRANSPORTATION IN THE AFFECTED COUNTY AND THE INTERAGENCY COORDINATING COMMITTEE ON RURAL PUBLIC TRANSPORTATION AS DEFINED IN SECTION SEVENTY-THREE-D OF THE TRANSPORTATION LAW. Notwith- standing any inconsistent provision of sections one hundred twelve and one hundred sixty-three of the state finance law, or section one hundred forty-two of the economic development law, or any other law, the commis- sioner is authorized to enter into a contract or contracts under this subdivision without a competitive bid or request for proposal process, provided, however, that: (a) the department shall post on its website, for a period of no less than thirty days: (i) a description of the proposed services to be provided pursuant to the contract or contracts; (ii) the criteria for selection of a contractor or contractors; (iii) the period of time during which a prospective contractor may seek selection, which shall be no less than thirty days after such information is first posted on the website; and (iv) the manner by which a prospective contractor may seek such selection, which may include submission by electronic means; (b) all reasonable and responsive submissions that are received from prospective contractors in timely fashion shall be reviewed by the commissioner; and (c) the commissioner shall select such contractor or contractors that, in his or her discretion, are best suited to serve the purposes of this section. 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]SIXTEEN members. The commissioner or his or her designee shall serve as chairperson. [Twelve]EIGHT of such members shall be the following 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 mental retardation and developmental disabilities]OFFICE OF PERSONS WITH DEVELOPMENTAL DISABILITIES; the commissioner of social services; [state advocate for the disabled; secretary of state;]AND THE commissioner of agriculture and markets [; the director of the office of rural affairs and the director of the division for youth]. [Six]EIGHT 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]THREE by the president pro-tempore of the senate, [two]THREE 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 andS. 7222 3
providers of transportation services in rural counties when making such appointments. 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: A. 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. identify restrictions on existing programs that inhibit funds from such programs being used to pay for a coordinated public transportation service in rural counties; c. recommend changes in state or local laws or regulations that would improve the coordination of funds, facilities, vehicles or equipment 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 REPORT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR BIAN- NUALLY BEGINNING OCTOBER FIRST, TWO THOUSAND FOURTEEN REGARDING THE MANAGEMENT OF NON-EMERGENCY MEDICAID TRANSPORTATION IN RURAL AREAS AS DEFINED BY SECTION FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW. THIS SHALL INCLUDE BUT NOT BE LIMITED TO, A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTATION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION OF PUBLIC TRANSPORTATION. 4. THE COMMITTEE SHALL BE REQUIRED TO EXAMINE REIMBURSEMENT RATES DEVELOPED BY TRANSPORTATION MANAGERS PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE SHALL SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR RURAL COMMU- NITIES TO THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUDING, BUT NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP FARES FOR PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANSPORTA- TION WITH OTHER HUMAN SERVICE AGENCIES, AND RATES FOR PRIVATE TRANSPOR- TATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS. 5. THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE PRIOR TO APPROVAL OF RATES PROPOSED UNDER SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A POPU- LATION OF TWO HUNDRED THOUSAND OR LESS. ANY PROPOSAL FOR A RATE ADJUST- MENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER. S 3. This shall take effect immediately; provided, however that the amendments to subdivision 4 of section 365-h of the social services law made by section one of this act shall not affect the expiration and reversion of such section and shall be deemed to expire therewith.