DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 331 Engrossed 2020 Regular Session Bagley
Abstract: Authorizes transportation network companies to provide nonemergency medical
transportation services through the state Medicaid program, Medicare plans, and all other
types of publicly or privately issued health insurance.
Proposed law authorizes transportation network companies to provide nonemergency medical
transportation (NEMT) services through the La. Medicaid program, Medicare plans, Medicare
supplemental plans, Medicare Advantage plans, and all other types of publicly or privately issued
insurance classified by the provisions of present law as health and accident insurance.
Proposed law prohibits the La. Department of Health (LDH) from requiring a driver affiliated with
a transportation network company to enroll as a NEMT provider in the La. Medicaid program in
order for any NEMT services provided to Medicaid enrollees by the driver through a company's
digital network to be eligible for Medicaid reimbursement.
Proposed law requires LDH to promulgate rules and regulations as are necessary for the
implementation of proposed law by Oct. 1, 2020.
Proposed law specifies that the requirements for companies and drivers to act as Medicaid
transportation providers, including requirements for enrollment and specifications for vehicles used,
may not exceed the requirements imposed under present law, except as necessary to conform with
applicable federal Medicaid transportation requirements.
Proposed law stipulates that, notwithstanding other provisions of proposed law, LDH may require
that prior to facilitating NEMT services for Medicaid enrollees, a transportation network company
shall be under contract with a transportation broker that is under contract with either of the
following:
(1)A Medicaid managed care organization.
(2)LDH.
Proposed law prohibits the use of ambulances, emergency medical response vehicles, and EMS
practitioners as defined in present law in providing NEMT services authorized by proposed law.
(Adds R.S. 48:2206) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Revise proposed law to authorize transportation network companies to provide
nonemergency medical transportation (NEMT) services through Medicare plans,
Medicare supplemental plans, Medicare Advantage plans, and all other types of health
and accident insurance in addition to providing such services through the state Medicaid
program.
2. Delete proposed law which would have required a transportation network company to
meet all of the following conditions and requirements in order to provide NEMT services
through the state Medicaid program:
(a)The company has complied with the requirements set forth in present law relative
to transportation network companies.
(b)All drivers and prospective drivers have been screened pursuant to the procedures
set forth in present law relative to transportation network company driver
requirements.
(c)The company is under contract with one of the following:
(i)A Medicaid managed care organization.
(ii)A transportation broker that is under contract with a Medicaid managed
care organization.
(iii)A transportation broker that is under contract with the La. Department of
Health (LDH).
3. Prohibit LDH from requiring a driver affiliated with a transportation network company
to enroll as a NEMT provider in the La. Medicaid program in order for any NEMT
services provided to Medicaid enrollees by the driver through a company's digital
network to be eligible for Medicaid reimbursement.
4. Revise proposed law stipulating, in part, that requirements imposed for companies and
drivers to act as Medicaid transportation providers may not exceed those imposed by
present law relative to transportation network companies to stipulate also that such
requirements may not exceed those imposed by other provisions of present law known
as The Transportation Network Company Motor Vehicle Responsibility Law.
5. Revise proposed law to specify that the provisions of present law relative to
transportation network companies shall extend to the regulation of companies, drivers, and vehicles facilitating or providing NEMT services as authorized in proposed law.
6. Stipulate that, notwithstanding other provisions of proposed law, LDH may require that
prior to facilitating NEMT services for Medicaid enrollees, a transportation network
company shall be under contract with a transportation broker that is under contract with
either of the following:
(a)A Medicaid managed care organization.
(b)LDH.
7. Prohibit the use of ambulances, emergency medical response vehicles, and EMS
practitioners as defined in present law in providing NEMT services authorized by
proposed law.
8. Make technical changes.