Bill Text: TX HB2136 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to regional contracted brokers and subcontractors of regional contracted brokers providing Medicaid nonemergency medical transportation services.
Sponsorship: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2136 Detail]
Download: Texas-2011-HB2136-Enrolled.html
| H.B. No. 2136 | ||
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| relating to regional contracted brokers and subcontractors of | ||
| regional contracted brokers providing Medicaid nonemergency | ||
| medical transportation services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 531.02414, Government Code, is amended | ||
| by amending Subsection (a) and adding Subsections (e) and (f) to | ||
| read as follows: | ||
| (a) In this section: | ||
| (1) "Medical [ |
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| means the program that provides nonemergency transportation | ||
| services to and from covered health care services, based on medical | ||
| necessity, to recipients under the Medicaid program, the children | ||
| with special health care needs program, and the transportation for | ||
| indigent cancer patients program, who have no other means of | ||
| transportation. | ||
| (2) "Regional contracted broker" means an entity that | ||
| contracts with the commission to provide or arrange for the | ||
| provision of nonemergency transportation services under the | ||
| medical transportation program. | ||
| (e) The executive commissioner shall adopt rules to ensure | ||
| the safe and efficient provision of nonemergency transportation | ||
| services under the medical transportation program by regional | ||
| contracted brokers and subcontractors of regional contracted | ||
| brokers. The rules must include: | ||
| (1) minimum standards regarding the physical | ||
| condition and maintenance of motor vehicles used to provide the | ||
| services, including standards regarding the accessibility of motor | ||
| vehicles by persons with disabilities; | ||
| (2) a requirement that a regional contracted broker | ||
| verify that each motor vehicle operator providing the services or | ||
| seeking to provide the services has a valid driver's license; | ||
| (3) a requirement that a regional contracted broker | ||
| check the driving record information maintained by the Department | ||
| of Public Safety under Subchapter C, Chapter 521, Transportation | ||
| Code, of each motor vehicle operator providing the services or | ||
| seeking to provide the services; | ||
| (4) a requirement that a regional contracted broker | ||
| check the public criminal record information maintained by the | ||
| Department of Public Safety and made available to the public | ||
| through the department's Internet website of each motor vehicle | ||
| operator providing the services or seeking to provide the services; | ||
| and | ||
| (5) training requirements for motor vehicle operators | ||
| providing the services through a regional contracted broker, | ||
| including training on the following topics: | ||
| (A) passenger safety; | ||
| (B) passenger assistance; | ||
| (C) assistive devices, including wheelchair | ||
| lifts, tie-down equipment, and child safety seats; | ||
| (D) sensitivity and diversity; | ||
| (E) customer service; | ||
| (F) defensive driving techniques; and | ||
| (G) prohibited behavior by motor vehicle | ||
| operators. | ||
| (f) 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. | ||
| SECTION 2. (a) Not later than August 31, 2013, the | ||
| executive commissioner of the Health and Human Services Commission | ||
| shall adopt rules as required by Section 531.02414(e), Government | ||
| Code, as added by this Act. | ||
| (b) The Health and Human Services Commission shall, in a | ||
| contract between the commission and a regional contracted broker | ||
| under Section 531.02414, Government Code, as amended by this Act, | ||
| that is entered into or renewed on or after the date the rules | ||
| required by that section take effect, require that the regional | ||
| contracted broker comply with those rules. | ||
| SECTION 3. 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 4. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2136 was passed by the House on May 5, | ||
| 2011, by the following vote: Yeas 144, Nays 2, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2136 on May 25, 2011, by the following vote: Yeas 139, Nays 0, | ||
| 3 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2136 was passed by the Senate, with | ||
| amendments, on May 23, 2011, by the following vote: Yeas 30, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
