Bill Text: TX SB1667 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the delivery of certain transportation services under Medicaid and certain other health and human services programs.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced) 2019-04-25 - Co-author authorized [SB1667 Detail]

Download: Texas-2019-SB1667-Introduced.html
  86R5772 JG-F
 
  By: Buckingham S.B. No. 1667
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the delivery of certain transportation services under
  Medicaid and certain other health and human services programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.02414(a), Government Code, is
  amended by amending Subdivision (1) and adding Subdivisions (1-a)
  and (3) to read as follows:
               (1)  "Medical transportation program" means the
  program that provides nonemergency transportation services [to and
  from covered health care services, based on medical necessity,] to
  recipients under Medicaid, the children with special health care
  needs program, and the transportation for indigent cancer patients
  program, who have no other means of transportation.
               (1-a)  "Nonemergency transportation service" means a
  service provided to transport a person to or from medically
  necessary services covered under a health care program in which the
  person is enrolled. The term does not include a nonmedical
  transportation service as defined by Section 531.024142.
               (3)  "Transportation network company" has the meaning
  assigned by Section 2402.001, Occupations Code.
         SECTION 2.  Section 531.02414, Government Code, is amended
  by amending Subsection (f) and adding Subsections (i) and (j) to
  read as follows:
         (f)  Except as provided by Subsection (i), the [The]
  commission shall require compliance with the rules adopted under
  Subsection (e) in any contract entered into with a regional
  contracted broker to provide nonemergency transportation services
  under the medical transportation program.
         (i)  A regional contracted broker may subcontract with a
  transportation network company to provide services under this
  section.  A rule or other requirement adopted by the executive
  commissioner under Subsection (e) does not apply to the
  subcontracted transportation network company or a motor vehicle
  operator who is part of the company's network.  The commission or
  the regional contracted broker may not require a motor vehicle
  operator who is part of the subcontracted transportation network
  company's network to enroll as a Medicaid provider to provide
  services under this section.
         (j)  Notwithstanding any other law, a motor vehicle operator
  who is part of the network of a transportation network company that
  subcontracts with a regional contracted broker under Subsection (i)
  and who satisfies the driver requirements in Section 2402.107,
  Occupations Code, is qualified to provide services under this
  section. The commission and the regional contracted broker may not
  impose any additional requirements on a motor vehicle operator who
  satisfies the driver requirements in Section 2402.107, Occupations
  Code, to provide services under this section.
         SECTION 3.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.024142 to read as follows:
         Sec. 531.024142.  NONMEDICAL TRANSPORTATION SERVICES UNDER
  MEDICAID. (a) In this section:
               (1)  "Managed care organization" means a managed care
  organization that contracts with the commission to provide health
  care services to Medicaid recipients under Chapter 533.
               (2)  "Nonmedical transportation service" means:
                     (A)  transportation of a Medicaid recipient
  enrolled in a managed care plan, other than a recipient whose
  medical or physical condition contraindicates the use of
  transportation services, to and from a medically necessary,
  nonemergency covered health care service that is scheduled not more
  than 48 hours before the transportation occurs, including
  transportation related to:
                           (i)  discharge of a recipient from a health
  care facility;
                           (ii)  receipt of urgent care;
                           (iii)  obtaining pharmacy services and
  prescription drugs; and
                           (iv)  obtaining any other time-sensitive
  covered health care service; and
                     (B)  any other transportation to or from a
  medically necessary, nonemergency covered health care service the
  commission considers appropriate to be provided by a transportation
  vendor, as determined by commission rule or policy.
               (3)  "Transportation network company" has the meaning
  assigned by Section 2402.001, Occupations Code.
               (4)  "Transportation vendor" means an entity,
  including a transportation network company, that contracts with a
  managed care organization to provide nonmedical transportation
  services.
         (b)  The executive commissioner shall adopt rules regarding
  the manner in which nonmedical transportation services may be
  arranged and provided.
         (c)  The rules must require a managed care organization to
  create a process to:
               (1)  verify that a passenger is eligible to receive
  nonmedical transportation services; and
               (2)  ensure that nonmedical transportation services
  are provided only to and from covered health care services.
         (d)  The rules must require a transportation vendor to,
  before permitting a motor vehicle operator to provide nonmedical
  transportation services:
               (1)  confirm that the operator:
                     (A)  is at least 18 years of age;
                     (B)  maintains a valid driver's license issued by
  this state, another state, or the District of Columbia; and
                     (C)  possesses proof of registration and
  automobile financial responsibility for each motor vehicle to be
  used to provide nonmedical transportation services;
               (2)  conduct, or cause to be conducted, a local, state,
  and national criminal background check for the operator that
  includes the use of:
                     (A)  a commercial multistate and
  multijurisdiction criminal records locator or other similar
  commercial nationwide database; and
                     (B)  the national sex offender public website
  maintained by the United States Department of Justice or a
  successor agency;
               (3)  confirm that any vehicle to be used to provide
  nonmedical transportation services:
                     (A)  meets the applicable requirements of Chapter
  548, Transportation Code; and
                     (B)  has at least four doors; and
               (4)  obtain and review the operator's driving record.
         (e)  The rules may not permit a motor vehicle operator to
  provide nonmedical transportation services if the operator:
               (1)  has been convicted in the three-year period
  preceding the issue date of the driving record obtained under
  Subsection (d)(4) of:
                     (A)  more than three offenses classified by the
  Department of Public Safety as moving violations; or
                     (B)  one or more of the following offenses:
                           (i)  fleeing or attempting to elude a police
  officer under Section 545.421, Transportation Code;
                           (ii)  reckless driving under Section
  545.401, Transportation Code;
                           (iii)  driving without a valid driver's
  license under Section 521.025, Transportation Code; or
                           (iv)  driving with an invalid driver's
  license under Section 521.457, Transportation Code;
               (2)  has been convicted in the preceding seven-year
  period of any of the following:
                     (A)  driving while intoxicated under Section
  49.04 or 49.045, Penal Code;
                     (B)  use of a motor vehicle to commit a felony;
                     (C)  a felony crime involving property damage;
                     (D)  fraud;
                     (E)  theft;
                     (F)  an act of violence; or
                     (G)  an act of terrorism; or
               (3)  is found to be registered in the national sex
  offender public website maintained by the United States Department
  of Justice or a successor agency.
         (f)  The commission may not require:
               (1)  a motor vehicle operator to enroll as a Medicaid
  provider to provide nonmedical transportation services; or
               (2)  a managed care organization to credential a motor
  vehicle operator to provide nonmedical transportation services.
         (g)  Notwithstanding any other law, a motor vehicle operator
  who is part of a transportation network company's network and who
  satisfies the driver requirements in Section 2402.107, Occupations
  Code, is qualified to provide nonmedical transportation services.
  The commission and a managed care organization may not impose any
  additional requirements on a motor vehicle operator who satisfies
  the driver requirements in Section 2402.107, Occupations Code, to
  provide nonmedical transportation services.
         SECTION 4.  Section 533.00257(a), Government Code, is
  amended by adding Subdivision (2-a) to read as follows:
               (2-a)  "Transportation network company" has the
  meaning assigned by Section 2402.001, Occupations Code.
         SECTION 5.  Section 533.00257, Government Code, is amended
  by amending Subsections (d) and (g) and adding Subsections (k) and
  (l) to read as follows:
         (d)  A managed transportation organization that participates
  in the medical transportation program must attempt to contract with
  medical transportation providers that:
               (1)  are considered significant traditional providers,
  as defined by rule by the executive commissioner;
               (2)  except as provided by Subsections (k) and (l), 
  meet the minimum quality and efficiency measures required under
  Subsection (g) and other requirements that may be imposed by the
  managed transportation organization; and
               (3)  agree to accept the prevailing contract rate of
  the managed transportation organization.
         (g)  Except as provided by Subsections (k) and (l), the [The]
  commission shall require that managed transportation organizations
  and providers participating in the medical transportation program
  meet minimum quality and efficiency measures as determined by the
  commission.
         (k)  A managed transportation organization may subcontract
  with a transportation network company to provide services under
  this section.  A rule or other requirement adopted by the executive
  commissioner under this section or Section 531.02414 does not apply
  to the subcontracted transportation network company or a motor
  vehicle operator who is part of the company's network.  The
  commission or the managed transportation organization may not
  require a motor vehicle operator who is part of the subcontracted
  transportation network company's network to enroll as a Medicaid
  provider to provide services under this section.
         (l)  Notwithstanding any other law, a motor vehicle operator
  who is part of the network of a transportation network company that
  subcontracts with a managed transportation organization under
  Subsection (k) and who satisfies the driver requirements in Section
  2402.107, Occupations Code, is qualified to provide services under
  this section. The commission and the managed transportation
  organization may not impose any additional requirements on a motor
  vehicle operator who satisfies the driver requirements in Section
  2402.107, Occupations Code, to provide services under this section.
         SECTION 6.  Subchapter A, Chapter 533, Government Code, is
  amended by adding Section 533.00259 to read as follows:
         Sec. 533.00259.  DELIVERY OF NONMEDICAL TRANSPORTATION
  SERVICES. (a) In this section, "nonmedical transportation
  service" and "transportation vendor" have the meanings assigned by
  Section 531.024142.
         (b)  Each managed care organization that contracts with the
  commission to provide health care services to recipients shall
  arrange for the provision of nonmedical transportation services. A
  managed care organization may contract with a transportation vendor
  or other third party to arrange for the provision of nonmedical
  transportation services. If a managed care organization contracts
  with a third party that is not a transportation vendor to arrange
  for the provision of nonmedical transportation services, the third
  party shall contract with a transportation vendor to deliver the
  nonmedical transportation services.
         (c)  A managed care organization that contracts with a
  transportation vendor or other third party to arrange for the
  provision of nonmedical transportation services shall ensure the
  effective sharing and integration of service coordination, service
  authorization, and utilization management data between the managed
  care organization and the transportation vendor or third party.
         (d)  A managed care organization may not require:
               (1)  a motor vehicle operator to enroll as a Medicaid
  provider to provide nonmedical transportation services; or
               (2)  the credentialing of a motor vehicle operator to
  provide nonmedical transportation services.
         SECTION 7.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules as necessary to implement the
  changes in law made by this Act.
         SECTION 8.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 9.  This Act takes effect September 1, 2019.
feedback