* § 365-h. Provision and reimbursement of transportation costs. 1. The\nlocal social services official and, subject to the provisions of\nsubdivision four of this section, the commissioner of health shall have\nresponsibility for prior authorizing transportation of eligible persons\nand for limiting the provision of such transportation to those\nrecipients and circumstances where such transportation is essential,\nmedically necessary and appropriate to obtain medical care, services or\nsupplies otherwise available under this title.\n 2. In exercising this responsibility, the local social services\nofficial and, as appropriate, the commissioner of health shall:\n (a) make appropriate and economical use of transportation resources\navailable in the district in meeting the anticipated demand for\ntransportation within the district, including, but not limited to:\ntransportation generally available free-of-charge to the general public\nor specific segments of the general public, public transportation,\npromotion of group rides, county vehicles, coordinated transportation,\nand direct purchase of services; and\n (b) maintain quality assurance mechanisms in order to ensure that (i)\nonly such transportation as is essential, medically necessary and\nappropriate to obtain medical care, services or supplies otherwise\navailable under this title is provided; (ii) no expenditures for taxi or\nlivery transportation are made when public transportation or lower cost\ntransportation is reasonably available to eligible persons; and (iii)\ntransportation services are provided in a safe, timely, and reliable\nmanner by providers that comply with state and local regulatory\nrequirements and meet consumer satisfaction criteria approved by the\ncommissioner of health.\n 3. In the event that coordination or other such cost savings measures\nare implemented, the commissioner shall assure compliance with\napplicable standards governing the safety and quality of transportation\nof the population served.\n 4. (a) The commissioner of health is authorized to assume\nresponsibility from a local social services official for the provision\nand reimbursement of transportation costs under this section. If the\ncommissioner elects to assume such responsibility, the commissioner\nshall notify the local social services official in writing as to the\nelection, the date upon which the election shall be effective and such\ninformation as to transition of responsibilities as the commissioner\ndeems prudent. The commissioner is authorized to contract with a\ntransportation manager or managers to manage transportation services in\nany local social services district, other than transportation services\nprovided or arranged for enrollees of managed long term care plans\nissued certificates of authority under section forty-four hundred\nthree-f of the public health law. Any transportation manager or managers\nselected by the commissioner to manage transportation services shall\nhave proven experience in coordinating transportation services in a\ngeographic and demographic area similar to the area in New York state\nwithin which the contractor would manage the provision of services under\nthis section. Such a contract or contracts may include responsibility\nfor: review, approval and processing of transportation orders;\nmanagement of the appropriate level of transportation based on\ndocumented patient medical need; and development of new technologies\nleading to efficient transportation services. If the commissioner elects\nto assume such responsibility from a local social services district, the\ncommissioner shall examine and, if appropriate, adopt quality assurance\nmeasures that may include, but are not limited to, global positioning\ntracking system reporting requirements and service verification\nmechanisms. Any and all reimbursement rates developed by transportation\nmanagers under this subdivision shall be subject to the review and\napproval of the commission
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