Requires the provision of transportation services to recipients of medical assistance to a safe location during pest control procedures at their residences

BILL NUMBER:A7843A

Title of bill

An act to amend the social services law, in relation to requiring the provision of transportation services to recipients of medical assistance for the purpose of transporting eligible recipients of medical assistance from their residences to a safe location during the provision of extermination or pest control services, and to subse- quently return such recipients to their residence after completion of such services

Purpose or general idea of bill

The bill would require that non-ambulatory Medicaid recipients be provided with transportation services when pest control services are scheduled for their residence.

Summary of specific provisions

Amends section 365-h of the social services law to add the provisions of extermination or pest control services to the list of reasons for which a local social services official shall have the responsibility to pre- authorize transportation for eligible Medicaid recipients.

Justification

Ambulette services provide transportation to and from facilities which provide medical care. Unlike other transportation options, ambulette services provide personal assistance to clients, such as physical assistance, to ensure that a client receives safe access from their place of residence to their health care provider.

The Department of Health's Medicaid Program provides ambulette services for recipients who require necessary medical care and cannot otherwise travel to receive that care. To qualify for an ambulette service recipi- ents must meet Social Services Law Section 365-h standards which gener- ally means that they have a disabling physical or mental condition or are undergoing treatments that render otherwise ambulatory persons to a status where they require personal assistance.

This bill seeks to expand these services to situations where a Medicaid recipient's place of residence is undergoing pest control or extermi- nation service. The existence of vermin or rodents in a person's home is a significant health hazard, and this may be especially true for nonam- bulatory persons who spend a greater amount of time in their homes. Also, pest control and extermination services may sometimes employ the use of chemicals which are toxic to humans. If residents of a dwelling must leave their home during the application of such a pest control or extermination process in order to ensure safe administration, it is in the public interest to provide that qualifying Medicaid recipients have the means necessary to be transported safely to a safe location and subsequently be brought back to their homes when it is safe to return.

This also serves the greater public interest because in a multiple dwelling the inability of a recipient to safely leave his or her home during the provision of pest control or extermination services may delay

or prevent other residents from receiving these services, allowing the health hazard to persist. Incidents like these have caused difficult situations between landlords and nonambulatory tenants, since landlords have a legal responsibility to provide pest control and extermination services during an infestation. It is in the greater public interest to ensure that the health hazard of a vermin or rodent infestation is addressed, that a qualifying Medicaid recipient is able to receive safe transport during the provision of pest control or extermination services, and that the housing needs of a recipient are not threatened.

Prior legislative history

None.

Fiscal implications

Unknown.

Effective date

This act would take effect on the first January next succeeding the date upon which it shall have become law; provided that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.