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 pasties by January 1, 2016, for consideration in the SFY 2016-2017 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

2014: S.7798/A.10167 Passed Senate

Fiscal implications

The pilot program will be subject to appropriation in the SFY 2016-2017 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, 2016.