Bill Text: TX HB1576 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the delivery of certain transportation services under Medicaid and certain other health and human services programs.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [HB1576 Detail]
Download: Texas-2019-HB1576-Comm_Sub.html
Bill Title: Relating to the delivery of certain transportation services under Medicaid and certain other health and human services programs.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [HB1576 Detail]
Download: Texas-2019-HB1576-Comm_Sub.html
86R21917 JG-F | |||
By: Phelan, Paddie, Springer, | H.B. No. 1576 | ||
González of El Paso, Rose, et al. | |||
Substitute the following for H.B. No. 1576: | |||
By: Clardy | C.S.H.B. No. 1576 |
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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 [ |
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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), (j), (k), | ||
(l), and (m) to read as follows: | ||
(f) Except as provided by Subsection (j), the [ |
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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) Emergency medical services personnel and emergency | ||
medical services vehicles, as those terms are defined by Section | ||
773.003, Health and Safety Code, may not provide nonemergency | ||
transportation services under the medical transportation program. | ||
(j) 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. | ||
(k) The commission or a regional contracted broker that | ||
subcontracts with a transportation network company under | ||
Subsection (j) may require the transportation network company or a | ||
motor vehicle operator who provides services under this section to | ||
be periodically screened against the list of excluded individuals | ||
and entities maintained by the Office of Inspector General of the | ||
United States Department of Health and Human Services. | ||
(l) 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 (j) | ||
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. | ||
(m) For purposes of this section and notwithstanding | ||
Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle | ||
operator who provides services under this section may use a | ||
wheelchair-accessible vehicle equipped with a lift or ramp that is | ||
capable of transporting passengers using a fixed-frame wheelchair | ||
in the cabin of the vehicle if the vehicle otherwise meets the | ||
requirements of Section 2402.111, Occupations Code. | ||
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) curb-to-curb transportation in a standard | ||
passenger vehicle to and from a medically necessary, nonemergency | ||
covered health care service of a Medicaid recipient enrolled in a | ||
managed care plan that the managed care organization that provides | ||
health care services to the recipient determines meets the level of | ||
care that is medically appropriate for the recipient and 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; and | ||
(iii) obtaining pharmacy services and | ||
prescription drugs; 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; | ||
(2) ensure that nonmedical transportation services | ||
are provided only to and from covered health care services in areas | ||
in which a transportation network company operates; | ||
(3) refer a Medicaid recipient enrolled in a managed | ||
care plan offered by the managed care organization to the medical | ||
transportation program described by Section 531.02414 if: | ||
(A) by rule the managed care organization is not | ||
responsible for providing transportation services; or | ||
(B) the recipient requires an accessible or | ||
specialized vehicle that is not available through a transportation | ||
vendor; and | ||
(4) ensure the timely delivery of nonmedical | ||
transportation services to a Medicaid recipient, including by | ||
setting reasonable service response goals. | ||
(d) A rule adopted in accordance with Subsection (c)(4) may | ||
not penalize a managed care organization that contracts with a | ||
transportation vendor under this section if the vendor is unable to | ||
provide nonmedical transportation services to a Medicaid recipient | ||
after the managed care organization has made a specific request for | ||
those services. | ||
(e) 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) except as provided by Subsection (j), has at | ||
least four doors; and | ||
(4) obtain and review the operator's driving record. | ||
(f) 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 (e)(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. | ||
(g) 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. | ||
(h) The commission or a managed care organization that | ||
contracts with a transportation vendor may require the | ||
transportation vendor or a motor vehicle operator who provides | ||
services under this section to be periodically screened against the | ||
list of excluded individuals and entities maintained by the Office | ||
of Inspector General of the United States Department of Health and | ||
Human Services. | ||
(i) 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. | ||
(j) For purposes of this section and notwithstanding | ||
Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle | ||
operator who provides services under this section may use a | ||
wheelchair-accessible vehicle equipped with a lift or ramp that is | ||
capable of transporting passengers using a fixed-frame wheelchair | ||
in the cabin of the vehicle if the vehicle otherwise meets the | ||
requirements of Section 2402.111, Occupations Code. | ||
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), | ||
(l), (m), and (n) to read as follows: | ||
(d) Except as provided by Subsections (k) and (m), a [ |
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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) 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 (m), the [ |
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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) The commission or a managed transportation organization | ||
that subcontracts with a transportation network company under | ||
Subsection (k) may require the transportation network company or a | ||
motor vehicle operator who provides services under this section to | ||
be periodically screened against the list of excluded individuals | ||
and entities maintained by the Office of Inspector General of the | ||
United States Department of Health and Human Services. | ||
(m) 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. | ||
(n) For purposes of this section and notwithstanding | ||
Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle | ||
operator who provides services under this section may use a | ||
wheelchair-accessible vehicle equipped with a lift or ramp that is | ||
capable of transporting passengers using a fixed-frame wheelchair | ||
in the cabin of the vehicle if the vehicle otherwise meets the | ||
requirements of Section 2402.111, Occupations Code. | ||
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. | ||
(e) For purposes of this section and notwithstanding | ||
Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle | ||
operator who provides services under this section may use a | ||
wheelchair-accessible vehicle equipped with a lift or ramp that is | ||
capable of transporting passengers using a fixed-frame wheelchair | ||
in the cabin of the vehicle if the vehicle otherwise meets the | ||
requirements of Section 2402.111, Occupations Code. | ||
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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |