What's happening
This bill requires ongoing state review and alignment of Medicaid reimbursement policies for special transportation services for children with disabilities to maximize federal funding.
Why it matters
Could increase Medicaid funding for special transportation. By requiring the state to continually review and update its rules to match or exceed federal standards, the bill aims to ensure that New York receives the highest possible federal reimbursement for transportation services provided to children with disabilities.
Expands support for a broader group of children. The bill specifically mandates that transportation services for both physical and non-physical disabilities, and for preschool as well as school-aged children, are reviewed for maximum federal participation. This could mean more comprehensive coverage and support for a wider range of needs.
Promotes equity and modernization in service delivery. By requiring comparisons with other states’ practices and consulting with local stakeholders (including large cities like New York), the bill encourages the adoption of best practices and less restrictive policies, potentially improving access and quality of transportation for children with disabilities.
Targets specific accommodations and supports. The legislation highlights the importance of federal reimbursement for specialized accommodations (such as restraints, medical equipment, and smaller vehicles), which could lead to better-resourced and safer transportation for vulnerable children.
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Who cares
Headline styles
Review Transport Rules for Kids
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Vetoed memo.272
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.296
- Substituted for A7962A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- Amended 4770a
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.836
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Review Kids' Transport Rules
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 favorably 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 Assembly, do enact as follows:
Section 1. Section 368-d of the social services law is amended by adding a new subdivision 7 to read as follows:
7. The commissioner shall, beginning upon the effective date of this subdivision and on an ongoing basis thereafter, review whether current state rules, regulations, policy, billing guidelines and amendments under the state plan for medical assistance concerning medicaid reimbursement for special transportation services, which are furnished by school districts to children with handicapping conditions receiving medical care and services that qualify for reimbursement under this title, are more restrictive than required by federal law, regulations, or policy. The commissioner shall take all practicable steps to ensure that any necessary changes are made to state rules, regulations, policy, and billing guidelines, and submit any necessary proposed state plan amendments to the centers for medicare and medicaid services, to ensure receipt of all available federal financial participation under title nineteen of the federal social security act for transportation services furnished by school districts to children with handicapping conditions. In so doing, the commissioner shall:
(a) seek to ensure receipt of all available federal financial participation for transportation services furnished to children with both 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
(b) seek to ensure receipt of all available federal financial participation for transportation services involving accommodations including, but not limited to, safety restraints and harnesses, medical equipment, paraprofessional or nursing services, smaller vehicle size, alternative vehicle routing, and climate control;
(c) consider whether other states have less restrictive rules, regulations, policy, billing guidelines and approved state plan amendments concerning medicaid reimbursement for special transportation services furnished by school districts to children with handicapping conditions; and
(d) consult with representatives of school districts, including school districts in any city with a population of one million or more.
§ 2. Section 368-e of the social services law is amended by adding a new subdivision 6 to read as follows:
6. The commissioner shall, beginning upon the effective date of this subdivision and on an ongoing basis thereafter, review whether current state rules, regulations, policy, billing guidelines and amendments under the state plan for medical assistance concerning medicaid reimbursement for special transportation services, which are furnished by counties and the city of New York to preschool children with handicapping conditions receiving medical care and services that qualify for reimbursement under this title, are more restrictive than required by federal law, regulations, or policy. The commissioner shall take all practicable steps to ensure that any necessary changes are made to state rules, regulations, policy, and billing guidelines, and submit any necessary proposed state plan amendments to the centers for medicare and medicaid services, to ensure receipt of all available federal financial participation under title nineteen of the federal social security act for transportation services furnished by counties and the city of New York to preschool children with handicapping conditions. In so doing, the commissioner shall:
(a) seek to ensure receipt of all available federal financial participation for transportation services furnished to preschool children with non-physical disabilities;
(b) seek to ensure receipt of all available federal financial participation for transportation services involving accommodations including, but not limited to, safety restraints and harnesses, medical equipment, paraprofessional or nursing services, smaller vehicle size, alternative vehicle routing, and climate control;
(c) consider whether other states have less restrictive rules, regulations, policy, billing guidelines and approved state plan amendments concerning medicaid reimbursement for special transportation services furnished by school districts to preschool children with handicapping conditions; and
(d) consult with representatives of counties and the city of New York.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to reimbursement for special transportation services
Purpose or general idea of bill
This legislation aims at improving the School Supportive Health Services Program by ensuring that all possible available federal funds that cover transportation needs for children with handicaps are pursued.
Summary of provisions
Section 1: Section 368-d of the social services law is amended by adding a new subdivision 7 to read as follows: The commissioner shall, begin- ning upon the effective date of this subdivision and on an ongoing basis thereafter, review whether current state rules, regulations, policy, billing guidelines and amendments under the state plan for medical assistance concerning Medicaid reimbursement for special transportation services, which are furnished by school districts to children with handicapping conditions, or such children suspected of having handicap- ping conditions, receiving medical care and services that qualify for reimbursement under this title, are more restrictive than required by federal law, regulations, or policy.
Read the full memo (628 words)
The commissioner shall take all practicable steps to ensure that any necessary changes are made to state rules, regulations, policy, and billing guidelines and submit any necessary proposed state plan amend- ments to the Centers for Medicare and Medicaid Services, to ensure receipt of all available federal financial participation under Title Nineteen of the federal Social Security Act for special transportation services furnished by school districts to children with handicapping conditions or such children suspected of having handicapping conditions.
This section outlines responsibilities of commissioner in securing available federal funding for the purposes of serving children with handicapping conditions, including considering best practice policies in other states, and consultation with school district and school offi- cials.
Section 2: Section 368-e of the Social Services Law is amended by adding a new subdivision 6 that reads as amendment to Section 368-d subdivision 7 above.
Section 3: This section shall take effect immediately.
Justification
New York State takes a very restrictive interpretation of federal Centers for Medicare and Medicaid Service (CMS) requirements for specialized transportation claiming federal guidelines indicate that if a Medicaid eligible child requires transportation in a vehicle adapted for the child's disability and that medical need is listed on the child's IEP, the transportation service is claimable. However, federal guidelines do not outline a specific definition of an adapted vehicle. While definitions for "special adapted vehicles" vary amongst states, New York State has the most restrictive definition. Guidance from NYS
DOH limits reimbursement only to vehicles with physical adaptations such as a wheelchair ramp, lift or tinted window.
New Jersey, Virginia, Pennsylvania and Massachusetts are a few examples of states that have interpreted federal CMS guidelines on transportation more broadly than New York State allowing them to claim reimbursement at higher amounts to transport these children.
The New York City Department of Education (DOE) estimates there are approximately 25,000 students served with a requirement for special transportation and at least one accommodation or adaptation, including:
*Safety restraints *Medical equipment/devices (including oxygen tanks) *Nursing services *Climate control, ultraviolet shield *Tinted windows *Reduced size vehicles, and limited travel time Solution
New York City is requesting that New York State DOH revise its policy/guidance to expand the scope of claimable adaptations in accord- ance with federal CMS guidelines, and to include but not be limited to: Safety restraints, medical equipment, paraprofessional or nursing services, smaller vehicle size, alternative vehicle routing and climate control.
This action allows DOE to maximize federal Medicaid funding available for these services under the School Supportive Health Services Program.
Existing law
New Legislation
Fiscal implications for state and local governments
None. Will actually increase federal funds to New York City to cover costs of transporting children with handicapping conditions.
Effective date
This section shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.