HLS 21RS-136 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 91
BY REPRESENTATIVE ECHOLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MEDICAID: Authorizes transportation network companies to provide nonemergency
medical transportation services through the state Medicaid program
1 AN ACT
2To enact R.S. 48:2206, relative to transportation network companies; to provide legislative
3 findings; to provide relative to requirements for certain businesses to furnish certain
4 medical transportation services; to authorize transportation network companies to
5 provide nonemergency medical transportation through the state Medicaid program;
6 to establish company and driver requirements; to provide for the promulgation of
7 rules by the Louisiana Department of Health; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 48:2206 is hereby enacted to read as follows:
10 ยง2206. Nonemergency medical transportation
11 A. The legislature hereby finds that during the global outbreak of the
12 respiratory disease known as "COVID-19" which became a declared public health
13 emergency in Louisiana in March of 2020, many citizens of this state would have
14 benefitted from access to nonemergency transportation services offering
15 individualized options and opportunities for safe transportation in environments that
16 minimize the risk of exposure to infectious disease. The legislature hereby declares
17 that transportation network companies are ideal providers of services that protect and
18 promote public health by facilitating access to primary care, pharmacy services, and
19 other forms of health care that help people maintain and improve their health.
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HB NO. 91
1 B. Notwithstanding any provision of law to the contrary and subject to
2 compliance with applicable federal Medicaid and Medicare requirements, any
3 transportation network company that complies with the provisions of this Chapter
4 is authorized to connect a driver to a rider for the purpose of providing
5 nonemergency medical transportation services within the state through the Louisiana
6 Medicaid program.
7 C. The Louisiana Department of Health shall not require any driver affiliated
8 with a transportation network company to enroll as a nonemergency medical
9 transportation provider in the Louisiana Medicaid program in order for any
10 nonemergency medical transportation services provided to Medicaid enrollees by the
11 driver through a company's digital network to be eligible for Medicaid
12 reimbursement.
13 D.(1)(a) The Louisiana Department of Health shall promulgate rules and
14 regulations as are necessary for the implementation of this Section by October 1,
15 2021. Requirements imposed for companies and drivers to act as Medicaid
16 transportation providers, including requirements for enrollment and specifications
17 for the vehicles used, may not exceed those imposed by R.S. 48:2191 through 2203
18 and R.S. 45:201.1 through 201.13, except as provided in Subparagraph (b) of this
19 Paragraph and as may be necessary to conform to applicable federal Medicaid
20 transportation requirements administered by the Louisiana Department of Health,
21 bureau of health services financing.
22 (b) No driver may provide any nonemergency medical transportation service
23 to a Medicaid enrollee through a transportation network company's digital network
24 prior to the completion of a criminal background check on that driver which
25 comports with the requirements for such background checks provided in R.S.
26 40:1203.1 et seq. or R.S. 48:2199.
27 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
28 Louisiana Department of Health may require that, prior to facilitating nonemergency
29 medical transportation services for Medicaid enrollees, a transportation network
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HB NO. 91
1 company be under contract with a transportation broker that is under contract with
2 either of the following:
3 (a) A Medicaid managed care organization as defined in R.S. 46:460.51.
4 (b) The Louisiana Department of Health.
5 (3) Notwithstanding any provision of law to the contrary, any transportation
6 network company licensed by the Department of Transportation and Development
7 that contracts with a transportation broker may facilitate nonemergency medical
8 transportation services at any time on or after the effective date of this Section and
9 before the adoption of the rules required by Paragraph (1) of this Subsection.
10 E. The provisions of R.S. 48:2205 shall extend to the regulation of
11 companies, drivers, and vehicles facilitating or providing nonemergency medical
12 transportation services as authorized in this Section.
13 F. Nothing in this Section shall be construed to authorize a company or an
14 individual to violate any provision of R.S. 40:1135.1.
15 G. No ambulance, emergency medical response vehicle, or EMS practitioner
16 as defined in R.S. 40:1131 shall be used for the purpose of providing nonemergency
17 medical transportation services under this Section.
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 91 Original 2021 Regular Session Echols
Abstract: Authorizes transportation network companies to provide nonemergency medical
transportation services through the state Medicaid program.
Proposed law provides legislative findings and a declaration concerning the suitability of
transportation network companies to protect and promote public health by facilitating access
to primary care, pharmacy services, and other forms of health care that help people to
maintain and improve their health.
Proposed law authorizes transportation network companies to provide nonemergency
medical transportation (NEMT) services through the state Medicaid program.
Proposed law prohibits the La. Dept. 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.
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HB NO. 91
Proposed law requires LDH to promulgate rules and regulations as are necessary for the
implementation of proposed law by Oct. 1, 2021. Provides, however, that any transportation
network company licensed by the Dept. of Transportation and Development that contracts
with a transportation broker may facilitate NEMT services at any time on or after the
effective date of proposed law and before the adoption of the rules required by proposed law.
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 relative to
transportation network companies, except with respect to criminal background checks and
as may be necessary to conform with applicable federal Medicaid transportation
requirements.
With respect to criminal background checks, proposed law prohibits drivers from providing
NEMT services to Medicaid enrollees through a transportation network company's digital
network prior to the completion of a criminal background check on that driver which
comports with either of the following:
(1)Background check requirements provided in present law relative to nonlicensed
persons providing health-related services (R.S. 40:1203.1 et seq.).
(2)Background check requirements provided in present law relative to transportation
network companies (R.S. 48:2199).
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 provides that nothing therein shall be construed to authorize a company or
individual to violate any provision of present law relative to operation of ambulances.
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)
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