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S04770 Summary:

S04770 Actions:

S04770 Committee Votes:

S04770 Floor Votes:

S04770 Text:

 
                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.
                                                                   LBD10936-02-9
        S. 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.