Bill Text: NY S04770 | 2019-2020 | General Assembly | Amended
Bill Title: Enables the commissioner of social services to review state plans which provide for special transportation services for children and pre-school children to ensure that state policies are not more restrictive than policies at the federal level.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2019-12-20 - VETOED MEMO.272 [S04770 Detail]
Download: New_York-2019-S04770-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4770--A Cal. No. 836 2019-2020 Regular Sessions IN SENATE March 25, 2019 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favora- bly from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend the social services law, in relation to reimbursement for special transportation services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 368-d of the social services law is amended by 2 adding a new subdivision 7 to read as follows: 3 7. The commissioner shall, beginning upon the effective date of this 4 subdivision and on an ongoing basis thereafter, review whether current 5 state rules, regulations, policy, billing guidelines and amendments 6 under the state plan for medical assistance concerning medicaid 7 reimbursement for special transportation services, which are furnished 8 by school districts to children with handicapping conditions receiving 9 medical care and services that qualify for reimbursement under this 10 title, are more restrictive than required by federal law, regulations, 11 or policy. The commissioner shall take all practicable steps to ensure 12 that any necessary changes are made to state rules, regulations, policy, 13 and billing guidelines, and submit any necessary proposed state plan 14 amendments to the centers for medicare and medicaid services, to ensure 15 receipt of all available federal financial participation under title 16 nineteen of the federal social security act for transportation services 17 furnished by school districts to children with handicapping conditions. 18 In so doing, the commissioner shall: 19 (a) seek to ensure receipt of all available federal financial partic- 20 ipation for transportation services furnished to children with both 21 physical and non-physical disabilities; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10936-02-9S. 4770--A 2 1 (b) seek to ensure receipt of all available federal financial partic- 2 ipation for transportation services involving accommodations including, 3 but not limited to, safety restraints and harnesses, medical equipment, 4 paraprofessional or nursing services, smaller vehicle size, alternative 5 vehicle routing, and climate control; 6 (c) consider whether other states have less restrictive rules, regu- 7 lations, policy, billing guidelines and approved state plan amendments 8 concerning medicaid reimbursement for special transportation services 9 furnished by school districts to children with handicapping conditions; 10 and 11 (d) consult with representatives of school districts, including school 12 districts in any city with a population of one million or more. 13 § 2. Section 368-e of the social services law is amended by adding a 14 new subdivision 6 to read as follows: 15 6. The commissioner shall, beginning upon the effective date of this 16 subdivision and on an ongoing basis thereafter, review whether current 17 state rules, regulations, policy, billing guidelines and amendments 18 under the state plan for medical assistance concerning medicaid 19 reimbursement for special transportation services, which are furnished 20 by counties and the city of New York to preschool children with handi- 21 capping conditions receiving medical care and services that qualify for 22 reimbursement under this title, are more restrictive than required by 23 federal law, regulations, or policy. The commissioner shall take all 24 practicable steps to ensure that any necessary changes are made to state 25 rules, regulations, policy, and billing guidelines, and submit any 26 necessary proposed state plan amendments to the centers for medicare and 27 medicaid services, to ensure receipt of all available federal financial 28 participation under title nineteen of the federal social security act 29 for transportation services furnished by counties and the city of New 30 York to preschool children with handicapping conditions. In so doing, 31 the commissioner shall: 32 (a) seek to ensure receipt of all available federal financial partic- 33 ipation for transportation services furnished to preschool children with 34 non-physical disabilities; 35 (b) seek to ensure receipt of all available federal financial partic- 36 ipation for transportation services involving accommodations including, 37 but not limited to, safety restraints and harnesses, medical equipment, 38 paraprofessional or nursing services, smaller vehicle size, alternative 39 vehicle routing, and climate control; 40 (c) consider whether other states have less restrictive rules, regu- 41 lations, policy, billing guidelines and approved state plan amendments 42 concerning medicaid reimbursement for special transportation services 43 furnished by school districts to preschool children with handicapping 44 conditions; and 45 (d) consult with representatives of counties and the city of New York. 46 § 3. This act shall take effect immediately.
