General Assembly Raised Bill No. 6412 January Session, 2013 LCO No. 3113 *_____HB06412HS_APP030613____* Referred to Committee on HUMAN SERVICES Introduced by: (HS) General Assembly Raised Bill No. 6412 January Session, 2013 LCO No. 3113 *_____HB06412HS_APP030613____* Referred to Committee on HUMAN SERVICES Introduced by: (HS) AN ACT CONCERNING SAFE AND APPROPRIATE TRANSPORTATION FOR NONAMBULATORY MEDICAID RECIPIENTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 17b-276c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): [(a)] The Commissioner of Social Services shall only authorize payment for the mode of transportation service that is medically necessary for a recipient of assistance under a medical assistance program administered by the Department of Social Services, [Notwithstanding the provisions of this chapter and chapter 368d,] provided the commissioner shall not authorize the use of a stretcher van to transport a recipient who requires nonemergency transportation and must be transported in a prone position but who does not require medical services during transport. [may be transported in a stretcher van. The commissioner shall establish rates for nonemergency transportation provided by stretcher van.] [(b) Notwithstanding the provisions of chapter 368d, the Commissioner of Transportation, in consultation with the Commissioner of Public Health, shall adopt regulations, in accordance with chapter 54, to establish oversight of stretcher vans as a livery service for which a permit is required. Such regulations shall prescribe safety standards for stretcher vans, including, but not limited to, a requirement that an attendant, in addition to the driver, accompany any person transported in a stretcher van.] Sec. 2. Subsection (a) of section 19a-180 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) No person shall operate any ambulance service, rescue service or management service or otherwise transport a patient on a stretcher in a motor vehicle without either a license or a certificate issued by the commissioner. No person shall operate a commercial ambulance service or commercial rescue service or a management service without a license issued by the commissioner. A certificate shall be issued to any volunteer or municipal ambulance service which shows proof satisfactory to the commissioner that it meets the minimum standards of the commissioner in the areas of training, equipment and personnel. No license or certificate shall be issued to any volunteer, municipal or commercial ambulance service, rescue service or management service, as defined in subdivision (19) of section 19a-175, unless it meets the requirements of subsection (e) of section 14-100a. Applicants for a license shall use the forms prescribed by the commissioner and shall submit such application to the commissioner accompanied by an annual fee of two hundred dollars. In considering requests for approval of permits for new or expanded emergency medical services in any region, the commissioner shall consult with the Office of Emergency Medical Services and the emergency medical services council of such region and shall hold a public hearing to determine the necessity for such services. Written notice of such hearing shall be given to current providers in the geographic region where such new or expanded services would be implemented, provided, any volunteer ambulance service which elects not to levy charges for services rendered under this chapter shall be exempt from the provisions concerning requests for approval of permits for new or expanded emergency medical services set forth in this subsection. A primary service area responder that operates in the service area identified in the application shall, upon request, be granted intervenor status with opportunity for cross-examination. Each applicant for licensure shall furnish proof of financial responsibility which the commissioner deems sufficient to satisfy any claim. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish satisfactory kinds of coverage and limits of insurance for each applicant for either licensure or certification. Until such regulations are adopted, the following shall be the required limits for licensure: (1) For damages by reason of personal injury to, or the death of, one person on account of any accident, at least five hundred thousand dollars, and more than one person on account of any accident, at least one million dollars, (2) for damage to property at least fifty thousand dollars, and (3) for malpractice in the care of one passenger at least two hundred fifty thousand dollars, and for more than one passenger at least five hundred thousand dollars. In lieu of the limits set forth in subdivisions (1) to (3), inclusive, of this subsection, a single limit of liability shall be allowed as follows: (A) For damages by reason of personal injury to, or death of, one or more persons and damage to property, at least one million dollars; and (B) for malpractice in the care of one or more passengers, at least five hundred thousand dollars. A certificate of such proof shall be filed with the commissioner. Upon determination by the commissioner that an applicant is financially responsible, properly certified and otherwise qualified to operate a commercial ambulance service, rescue service or management service, the commissioner shall issue the appropriate license effective for one year to such applicant. If the commissioner determines that an applicant for either a certificate or license is not so qualified, the commissioner shall notify such applicant of the denial of the application with a statement of the reasons for such denial. Such applicant shall have thirty days to request a hearing on the denial of the application. This act shall take effect as follows and shall amend the following sections: Section 1 from passage 17b-276c Sec. 2 from passage 19a-180(a) This act shall take effect as follows and shall amend the following sections: Section 1 from passage 17b-276c Sec. 2 from passage 19a-180(a) HS Joint Favorable C/R APP HS Joint Favorable C/R APP