Bill Text: NY A09010 | 2019-2020 | General Assembly | Introduced
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: (Introduced - Dead) 2020-01-10 - referred to health [A09010 Detail]
Download: New_York-2019-A09010-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9010 IN ASSEMBLY January 10, 2020 ___________ Introduced by M. of A. GOTTFRIED, FERNANDEZ -- read once and referred to the Committee on Health 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; 22 (b) seek to ensure receipt of all available federal financial partic- 23 ipation for transportation services involving accommodations including, 24 but not limited to, safety restraints and harnesses, medical equipment, 25 paraprofessional or nursing services, smaller vehicle size, alternative 26 vehicle routing, and climate control; 27 (c) consider whether other states have less restrictive rules, regu- 28 lations, policy, billing guidelines and approved state plan amendments EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10936-04-0A. 9010 2 1 concerning medicaid reimbursement for special transportation services 2 furnished by school districts to children with handicapping conditions; 3 and 4 (d) consult with representatives of school districts, including school 5 districts in any city with a population of one million or more. 6 § 2. Section 368-e of the social services law is amended by adding a 7 new subdivision 6 to read as follows: 8 6. The commissioner shall, beginning upon the effective date of this 9 subdivision and on an ongoing basis thereafter, review whether current 10 state rules, regulations, policy, billing guidelines and amendments 11 under the state plan for medical assistance concerning medicaid 12 reimbursement for special transportation services, which are furnished 13 by counties and the city of New York to preschool children with handi- 14 capping conditions receiving medical care and services that qualify for 15 reimbursement under this title, are more restrictive than required by 16 federal law, regulations, or policy. The commissioner shall take all 17 practicable steps to ensure that any necessary changes are made to state 18 rules, regulations, policy, and billing guidelines, and submit any 19 necessary proposed state plan amendments to the centers for medicare and 20 medicaid services, to ensure receipt of all available federal financial 21 participation under title nineteen of the federal social security act 22 for transportation services furnished by counties and the city of New 23 York to preschool children with handicapping conditions. In so doing, 24 the commissioner shall: 25 (a) seek to ensure receipt of all available federal financial partic- 26 ipation for transportation services furnished to preschool children with 27 non-physical disabilities; 28 (b) seek to ensure receipt of all available federal financial partic- 29 ipation for transportation services involving accommodations including, 30 but not limited to, safety restraints and harnesses, medical equipment, 31 paraprofessional or nursing services, smaller vehicle size, alternative 32 vehicle routing, and climate control; 33 (c) consider whether other states have less restrictive rules, regu- 34 lations, policy, billing guidelines and approved state plan amendments 35 concerning medicaid reimbursement for special transportation services 36 furnished by school districts to preschool children with handicapping 37 conditions; and 38 (d) consult with representatives of counties and the city of New York. 39 § 3. This act shall take effect immediately.
