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.
Spectrum: 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 |