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.
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)