HLS 22RS-1507 ENGROSSED 2022 Regular Session HOUSE BILL NO. 1012 BY REPRESENTATIVE LYONS MEDICAID: Provides relative to non-emergency medical transportation services within the La. Medicaid program 1 AN ACT 2To enact Part VI of Chapter 5-E of Title 40 of the Louisiana Revised Statutes of 1950, to be 3 comprised of R.S. 40:1257.1 through 1257.4, relative to the medical assistance 4 program of this state known commonly as Medicaid; to provide relative to Medicaid- 5 funded non-emergency medical transportation services; to provide for duties of the 6 Louisiana Department of Health with respect to such services; to provide for 7 standards for such services; to require promulgation of administrative rules; and to 8 provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. Part VI of Chapter 5-E of Title 40 of the Louisiana Revised Statutes of 111950, comprised of R.S. 40:1257.1 through 1257.4, is hereby enacted to read as follows: 12 PART VI. NON-EMERGENCY MEDICAL TRANSPORTATION 13 §1257.1. Definitions 14 As used in this Part, the following terms have the meaning ascribed in this 15 Section: 16 (1) "Department" means the Louisiana Department of Health. 17 (2) "Healthcare provider" means a person, partnership, limited liability 18 partnership, limited liability company, corporation, facility, or institution that 19 provides healthcare or professional services to individuals enrolled in the Medicaid 20 program. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1507 ENGROSSED HB NO. 1012 1 (3) "Medicaid" means the medical assistance program provided for in Title 2 XIX of the Social Security Act. 3 (4) "Non-emergency medical transportation" and "NEMT" mean 4 transportation provided to a Medicaid beneficiary to or from a medically necessary 5 Medicaid-covered service. The term shall not include any non-emergency or other 6 type of transportation by ambulance. 7 §1257.2. Non-emergency medical transportation services 8 A. The Medicaid program of this state shall include non-emergency medical 9 transportation services, referred to hereafter in this Part as "NEMT services". The 10 purpose of NEMT services shall be to provide non-emergency medical transportation 11 to a Medicaid beneficiary after all other reasonable means of free transportation for 12 that person have been explored and found to be unavailable. The Medicaid 13 beneficiary or his representative shall confirm that the beneficiary has no other 14 means of transportation. 15 B. Non-emergency medical transportation to or from a pharmacy, a nursing 16 facility, hospice care, or an appointment for Special Supplemental Nutrition Program 17 for Women, Infants, and Children services at an office of public health location is 18 prohibited. 19 §1257.3. Standards for services; prohibition 20 No healthcare provider shall contract with or hire a transportation company 21 to provide NEMT services if that company does not meet local, city, and state 22 requirements to provide non-emergency medical transportation as defined in this Part 23 and in administrative rules of the department. 24 §1257.4. Rulemaking 25 The department shall promulgate in accordance with the Administrative 26 Procedure Act all such rules as are necessary to implement the provisions of this 27 Part. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-1507 ENGROSSED HB NO. 1012 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 1012 Engrossed 2022 Regular Session Lyons Abstract: Defines "non-emergency medical transportation" and provides for standards and limitations relating to such transportation provided to Medicaid program enrollees. Proposed law provides that, for purposes of proposed law, "non-emergency medical transportation" and "NEMT" mean transportation provided to a Medicaid beneficiary to or from a medically necessary Medicaid-covered service. Stipulates that the term shall not include any non-emergency or other type of transportation by ambulance. Proposed law requires that the La. Medicaid program include NEMT services. Establishes that the purpose of NEMT services shall be to provide non-emergency medical transportation to a Medicaid beneficiary after all other reasonable means of free transportation for that person have been explored and found to be unavailable. Requires the Medicaid beneficiary or his representative to confirm that the beneficiary has no other means of transportation. Proposed law prohibits NEMT services from being utilized for transportation to or from a pharmacy, a nursing facility, hospice care, or a Special Supplemental Nutrition Program for Women, Infants, and Children (known commonly as "WIC") appointment at an office of public health location. Proposed law prohibits healthcare providers within the La. Medicaid program from contracting with or hiring a transportation company to provide NEMT services if that company does not meet local, city, and state requirements to provide non-emergency medical transportation as defined in proposed law and in LDH administrative rules. (Adds R.S. 40:1257.1-1257.4) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Health and Welfare to the original bill: 1. Revise the definition of "non-emergency medical transportation" and "NEMT" provided in proposed law to establish that these terms mean transportation provided to a Medicaid beneficiary to or from a medically necessary Medicaid-covered service. Provide that the term shall not include any non-emergency or other type of transportation by ambulance. 2. Delete proposed law relative to requirements and qualifications for NEMT services; add in lieu thereof a prohibition on NEMT services being utilized for transportation to or from a pharmacy, a nursing facility, hospice care, or a WIC program appointment at an office of public health location. 3. Make technical changes. Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.