Directs the commissioner of transportation, in cooperation with the commissioner of developmental disabilities, to establish an integrated transportation program for persons with intellectual and developmental disabilities.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the mental hygiene law and the transportation law, in relation to directing the commissioner of transportation to establish an integrated transportation program for persons with intellectual and developmental disabilities
PURPOSE OF BILL: Directs commissioner of transportation, in cooperation with the commissioner of developmental disabilities, to establish an integrated transportation program for persons with certain disabilities.
SUMMARY OF PROVISIONS:
Section 13.09 of the mental hygiene law is amended to a new subdivision (h) to require that the commissioner of the OPWDD will provide cooperation and assistance to the Commissioner of Transportation for the purposes of planning and establishing an integrated transportation demonstration program.
Section 2 of the transportation law is amended to add a new subdivision 33-a defining "transportation provider."
Section 14 of the transportation law is amended by adding a new subdivision 36, which will require the commissioner of transportation, in conjunction with the commissioner of OPWDD, in consultation with specified groups, to develop a plan with recommendations for the establishment of the integrated transportation demonstration program. The plan is required to be submitted to various parties by January 1, 2015, for consideration in the SFY 2015-2016 Executive Budget.
Within amounts appropriated, the commissioner of transportation shall, in cooperation with the commissioner of developmental disabilities, direct transportation providers in five locations across the state to study how the coordination of local human service agencies providing transportation to the developmentally and intellectually disabled can improve the quality, opportunity, and access of transportation services.
JUSTIFICATION: In the absence of comprehensive public transportation services throughout upstate New York, not-for-profit service providers such as ARCs and UCPs have created extensive transportation systems necessary to link people with developmental disabilities to daily programs and activities within their communities.
Some of these providers have obtained authority under Article 7 of Transportation Law and appropriate vehicles. Furthermore, some transport populations other than those they otherwise serve.
Still, most remain exempt from approval and inspection as a DOT authorized carriers since they transport only their own clientele. These providers recognize there are opportunities to become more efficient by coordinating transportation routes to avoid duplication. They also recognize that as New York transforms its long term care services and, consistent with the US Supreme Court's Olmstead Decision, moves toward smaller community-based settings, efficient transportation is essential to move people among the various
residential, day and employment settings necessary to integrate them into their communities. This is especially true in rural communities where services are widely scattered.
Such coordination will involve special software for mapping existing routes, identification of specialized transportation needs such as wheelchair-equipped vehicles, trained aides to attend to medical or behavioral needs, available seating, necessary pick up and drop off times and other factors to redesign routes to accommodate the needs of all individuals registered as riders in the coordinated system. Furthermore, populations other than individuals with developmental disabilities and associated providers will be invited to participate in the new system. Routine evaluation of system effectiveness will be reported to the Commissioners of DOT and OPWDD. Participating providers currently exempt from authorization under Article 7 will be permitted to remain exempt only to the extent they are transporting service recipients of participating providers who are registered passengers in the coordinated system and are not transporting public passengers.
Participating providers will identify net savings derived from coordination. The Commissioner of OPWDD will work with the appropriate State and/or federal agencies to modify funding methodologies to support ongoing transportation needs of the registered participants in accordance with the State's transformation initiatives. Furthermore, participating providers will identify opportunities for expansion of the coordinated system particularly in regard to supporting rural transportation needs. The Commissioner of Transportation will assist in the planning and funding to facilitate the new coordinate transportation system.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: The pilot program will be subject to appropriation in the SFY 2015-2016 Executive Budget
EFFECTIVE DATE: This act shall take effect immediately, except that paragraph (a) of subdivision 36 of the transportation law, as added by section three of this act, shall take effect April 1, 2015.
STATE OF NEW YORK ________________________________________________________________________ 7798 IN SENATE June 10, 2014 ___________Introduced by Sens. YOUNG, ROBACH, DeFRANCISCO, GALLIVAN, LITTLE, NOZZO- LIO, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabil- ities AN ACT to amend the mental hygiene law and the transportation law, in relation to directing the commissioner of transportation to establish an integrated transportation program for persons with intellectual and developmental disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13.09 of the mental hygiene law is amended by adding a new subdivision (h) to read as follows: (H) THE COMMISSIONER SHALL PROVIDE SUCH COOPERATION AND ASSISTANCE TO THE COMMISSIONER OF TRANSPORTATION AS THE COMMISSIONER OF TRANSPORTATION SHALL DEEM TO BE NECESSARY OR DESIRABLE FOR PURPOSES OF PLANNING AND ESTABLISHING AN INTEGRATED TRANSPORTATION DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION THIRTY-SIX OF SECTION FOURTEEN OF THE TRANSPORTATION LAW. S 2. Section 2 of the transportation law is amended by adding a new subdivision 33-a to read as follows: 33-A. "TRANSPORTATION PROVIDER" MEANS ANY PUBLIC, PRIVATE OR NOT-FOR- PROFIT ENTITY, AUTHORIZED OR EXEMPT PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER, UTILIZING PUBLIC FUNDS TO PROVIDE OR CONTRACT FOR TRANSPORTA- TION SERVICES FOR THE BENEFIT OF THE GENERAL PUBLIC OR SPECIFIC CLIENT GROUPS. S 3. Section 14 of the transportation law is amended by adding a new subdivision 36 to read as follows: 36. (A) THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, AND IN CONSULTATION WITH CONSUMER GROUPS, TRANSPORTATION PROVIDERS AND TRANSPORTATION SYSTEMS, SHALL DEVELOP A PLAN WHICH SHALL, AT A MINIMUM, PROVIDE RECOMMENDATIONS FOR THE ESTAB- LISHMENT OF THE INTEGRATED TRANSPORTATION DEMONSTRATION PROGRAM REQUIRED BY PARAGRAPH (B) OF THIS SUBDIVISION. THE PLAN DEVELOPED PURSUANT TO THIS PARAGRAPH SHALL BE SUBMITTED TO THE DIRECTOR OF THE BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY NOEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15488-05-4 S. 7798 2
LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, FOR CONSIDERATION IN THE EXECUTIVE BUDGET FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN STATE FISCAL YEAR. THE PLAN ESTABLISHED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) IDENTIFICATION OF LOCALLY BASED TRANSPORTATION PROVIDERS AND TRANSPORTATION SYSTEMS EQUIPPED TO PARTICIPATE IN THE INTEGRATED TRANS- PORTATION DEMONSTRATION PROGRAM; (II) RECOMMENDATIONS TO ELIMINATE REGULATORY BURDENS THAT WOULD PROHIBIT COOPERATION INCLUDING, BUT NOT LIMITED TO, STATUTORY CHANGES ENABLING HUMAN SERVICES AGENCIES TO COORDINATE WITH OTHER HUMAN SERVICE AGENCY RIDERS WHILE REMAINING EXEMPT FROM THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER, AS WELL AS STATUTORY CHANGES ENABLING EXEMPT PROVIDERS TO COORDINATE WITH TRANSPORTATION SERVICES THAT ARE OPEN TO THE PUBLIC; (III) CONSIDERATIONS REGARDING THE AVAILABILITY OF PUBLIC TRANSPORTA- TION, PUBLIC SAFETY CONCERNS AND THE DUPLICATION OF SERVICES; (IV) RECOMMENDATIONS FOR THE IMPLEMENTATION OF SHARED SOFTWARE TO ENABLE COORDINATING ENTITIES TO TRACK SERVICES, MANAGE COST AMONG PROVIDERS, CONSOLIDATE ROUTES, AND PROVIDE A REGISTRY IDENTIFYING PARTICIPATING CLIENTS AND ANY SPECIALIZED CARE NEEDS THAT MUST BE MET IN ORDER TO EFFECTIVELY COORDINATE TRANSPORTATION; (V) REPORTING REQUIREMENTS FOR COST SAVINGS ACHIEVED THROUGH TRANSPOR- TATION COORDINATION; (VI) RECOMMENDATIONS FOR RATE ADJUSTMENTS OR REIMBURSEMENT CHANGES BASED ON COORDINATED TRANSPORTATION AND THE PARTICIPATION OF MULTIPLE HUMAN SERVICE AGENCIES; AND (VII) REPORTING REQUIREMENTS FOR IMPACTS TO INDIVIDUAL CARE AND COMPLIANCE WITH THE RELEVANT STATE AND FEDERAL LAWS. (B) WITHIN AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER, IN COOPER- ATION WITH THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, SHALL ESTAB- LISH AN INTEGRATED TRANSPORTATION DEMONSTRATION PROGRAM WHICH SHALL BE DEVELOPED IN FIVE LOCATIONS OF THE STATE, EACH CONSISTING OF ONE OR MORE COUNTIES. FOUR OF THESE LOCATIONS SHALL INCLUDE A COUNTY HAVING A POPU- LATION OF NOT MORE THAN TWO HUNDRED THOUSAND ACCORDING TO THE TWO THOU- SAND TEN FEDERAL DECENNIAL CENSUS. THE COMMISSIONER SHALL DIRECT A TRANSPORTATION PROVIDER IN EACH SUCH LOCATION TO STUDY HOW THE COORDINATION BETWEEN LOCAL HUMAN SERVICE AGEN- CIES PROVIDING TRANSPORTATION CAN INCREASE TRANSPORTATION ACCESSIBILITY FOR INTEGRATED SUPPORTED EMPLOYMENT OPPORTUNITIES TO INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES IN ACCORDANCE WITH SECTION 13.41 OF THE MENTAL HYGIENE LAW. EACH SUCH TRANSPORTATION PROVIDER PARTICIPATING IN THE PROGRAM SHALL STUDY THE COST BENEFITS OF COORDINAT- ING TRANSPORTATION, THE QUALITY OF TRANSPORTATION, ACCESS FOR CLIENT POPULATIONS AND THE OUTCOMES OF INDIVIDUALS RECEIVING THE SERVICES. EVERY SUCH TRANSPORTATION PROVIDER SHALL REPORT ITS FINDINGS TO THE COMMISSIONER AND THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, WHO SHALL JOINTLY EVALUATE THE FINDINGS OF THE STUDY, AND REPORT THEREON TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. S 4. This act shall take effect immediately, except that paragraph (a) of subdivision 36 of section 14 of the transportation law, as added by section three of this act, shall take effect April 1, 2015.