Minnesota 2023-2024 Regular Session

Minnesota House Bill HF435 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; increasing payment rates for nonemergency medical
3	3	1.3 transportation; amending Minnesota Statutes 2022, section 256B.0625, subdivision
4	4	1.4 17.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2022, section 256B.0625, subdivision 17, is amended to
7	7	1.7read:
8	8	1.8 Subd. 17.Transportation costs.(a) "Nonemergency medical transportation service"
9	9	1.9means motor vehicle transportation provided by a public or private person that serves
10	10	1.10Minnesota health care program beneficiaries who do not require emergency ambulance
11	11	1.11service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
12	12	1.12 (b) Medical assistance covers medical transportation costs incurred solely for obtaining
13	13	1.13emergency medical care or transportation costs incurred by eligible persons in obtaining
14	14	1.14emergency or nonemergency medical care when paid directly to an ambulance company,
15	15	1.15nonemergency medical transportation company, or other recognized providers of
16	16	1.16transportation services. Medical transportation must be provided by:
17	17	1.17 (1) nonemergency medical transportation providers who meet the requirements of this
18	18	1.18subdivision;
19	19	1.19 (2) ambulances, as defined in section 144E.001, subdivision 2;
20	20	1.20 (3) taxicabs that meet the requirements of this subdivision;
21	21	1.21 (4) public transit, as defined in section 174.22, subdivision 7; or
22	22	1Section 1.
23	23	REVISOR AGW/AD 23-0016401/03/23
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 435
29	29	NINETY-THIRD SESSION 2.1 (5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472,
30	30	2.2subdivision 1, paragraph (h).
31	31	2.3 (c) Medical assistance covers nonemergency medical transportation provided by
32	32	2.4nonemergency medical transportation providers enrolled in the Minnesota health care
33	33	2.5programs. All nonemergency medical transportation providers must comply with the
34	34	2.6operating standards for special transportation service as defined in sections 174.29 to 174.30
35	35	2.7and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the
36	36	2.8commissioner and reported on the claim as the individual who provided the service. All
37	37	2.9nonemergency medical transportation providers shall bill for nonemergency medical
38	38	2.10transportation services in accordance with Minnesota health care programs criteria. Publicly
39	39	2.11operated transit systems, volunteers, and not-for-hire vehicles are exempt from the
40	40	2.12requirements outlined in this paragraph.
41	41	2.13 (d) An organization may be terminated, denied, or suspended from enrollment if:
42	42	2.14 (1) the provider has not initiated background studies on the individuals specified in
43	43	2.15section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
44	44	2.16 (2) the provider has initiated background studies on the individuals specified in section
45	45	2.17174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
46	46	2.18 (i) the commissioner has sent the provider a notice that the individual has been
47	47	2.19disqualified under section 245C.14; and
48	48	2.20 (ii) the individual has not received a disqualification set-aside specific to the special
49	49	2.21transportation services provider under sections 245C.22 and 245C.23.
50	50	2.22 (e) The administrative agency of nonemergency medical transportation must:
51	51	2.23 (1) adhere to the policies defined by the commissioner;
52	52	2.24 (2) pay nonemergency medical transportation providers for services provided to
53	53	2.25Minnesota health care programs beneficiaries to obtain covered medical services;
54	54	2.26 (3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
55	55	2.27trips, and number of trips by mode; and
56	56	2.28 (4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single
57	57	2.29administrative structure assessment tool that meets the technical requirements established
58	58	2.30by the commissioner, reconciles trip information with claims being submitted by providers,
59	59	2.31and ensures prompt payment for nonemergency medical transportation services.
60	60	2Section 1.
61	61	REVISOR AGW/AD 23-0016401/03/23 3.1 (f) Until the commissioner implements the single administrative structure and delivery
62	62	3.2system under subdivision 18e, clients shall obtain their level-of-service certificate from the
63	63	3.3commissioner or an entity approved by the commissioner that does not dispatch rides for
64	64	3.4clients using modes of transportation under paragraph (i), clauses (4), (5), (6), and (7).
65	65	3.5 (g) The commissioner may use an order by the recipient's attending physician, advanced
66	66	3.6practice registered nurse, physician assistant, or a medical or mental health professional to
67	67	3.7certify that the recipient requires nonemergency medical transportation services.
68	68	3.8Nonemergency medical transportation providers shall perform driver-assisted services for
69	69	3.9eligible individuals, when appropriate. Driver-assisted service includes passenger pickup
70	70	3.10at and return to the individual's residence or place of business, assistance with admittance
71	71	3.11of the individual to the medical facility, and assistance in passenger securement or in securing
72	72	3.12of wheelchairs, child seats, or stretchers in the vehicle.
73	73	3.13 Nonemergency medical transportation providers must take clients to the health care
74	74	3.14provider using the most direct route, and must not exceed 30 miles for a trip to a primary
75	75	3.15care provider or 60 miles for a trip to a specialty care provider, unless the client receives
76	76	3.16authorization from the local agency.
77	77	3.17 Nonemergency medical transportation providers may not bill for separate base rates for
78	78	3.18the continuation of a trip beyond the original destination. Nonemergency medical
79	79	3.19transportation providers must maintain trip logs, which include pickup and drop-off times,
80	80	3.20signed by the medical provider or client, whichever is deemed most appropriate, attesting
81	81	3.21to mileage traveled to obtain covered medical services. Clients requesting client mileage
82	82	3.22reimbursement must sign the trip log attesting mileage traveled to obtain covered medical
83	83	3.23services.
84	84	3.24 (h) The administrative agency shall use the level of service process established by the
85	85	3.25commissioner to determine the client's most appropriate mode of transportation. If public
86	86	3.26transit or a certified transportation provider is not available to provide the appropriate service
87	87	3.27mode for the client, the client may receive a onetime service upgrade.
88	88	3.28 (i) The covered modes of transportation are:
89	89	3.29 (1) client reimbursement, which includes client mileage reimbursement provided to
90	90	3.30clients who have their own transportation, or to family or an acquaintance who provides
91	91	3.31transportation to the client;
92	92	3.32 (2) volunteer transport, which includes transportation by volunteers using their own
93	93	3.33vehicle;
94	94	3Section 1.
95	95	REVISOR AGW/AD 23-0016401/03/23 4.1 (3) unassisted transport, which includes transportation provided to a client by a taxicab
96	96	4.2or public transit. If a taxicab or public transit is not available, the client can receive
97	97	4.3transportation from another nonemergency medical transportation provider;
98	98	4.4 (4) assisted transport, which includes transport provided to clients who require assistance
99	99	4.5by a nonemergency medical transportation provider;
100	100	4.6 (5) lift-equipped/ramp transport, which includes transport provided to a client who is
101	101	4.7dependent on a device and requires a nonemergency medical transportation provider with
102	102	4.8a vehicle containing a lift or ramp;
103	103	4.9 (6) protected transport, which includes transport provided to a client who has received
104	104	4.10a prescreening that has deemed other forms of transportation inappropriate and who requires
105	105	4.11a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety
106	106	4.12locks, a video recorder, and a transparent thermoplastic partition between the passenger and
107	107	4.13the vehicle driver; and (ii) who is certified as a protected transport provider; and
108	108	4.14 (7) stretcher transport, which includes transport for a client in a prone or supine position
109	109	4.15and requires a nonemergency medical transportation provider with a vehicle that can transport
110	110	4.16a client in a prone or supine position.
111	111	4.17 (j) The local agency shall be the single administrative agency and shall administer and
112	112	4.18reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) when the
113	113	4.19commissioner has developed, made available, and funded the web-based single administrative
114	114	4.20structure, assessment tool, and level of need assessment under subdivision 18e. The local
115	115	4.21agency's financial obligation is limited to funds provided by the state or federal government.
116	116	4.22 (k) The commissioner shall:
117	117	4.23 (1) verify that the mode and use of nonemergency medical transportation is appropriate;
118	118	4.24 (2) verify that the client is going to an approved medical appointment; and
119	119	4.25 (3) investigate all complaints and appeals.
120	120	4.26 (l) The administrative agency shall pay for the services provided in this subdivision and
121	121	4.27seek reimbursement from the commissioner, if appropriate. As vendors of medical care,
122	122	4.28local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
123	123	4.29recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.
124	124	4.30 (m) Payments for nonemergency medical transportation must be paid based on the client's
125	125	4.31assessed mode under paragraph (h), not the type of vehicle used to provide the service. The
126	126	4.32medical assistance reimbursement rates for nonemergency medical transportation services
127	127	4Section 1.
128	128	REVISOR AGW/AD 23-0016401/03/23 5.1that are payable by or on behalf of the commissioner for nonemergency medical
129	129	5.2transportation services are:
130	130	5.3 (1) $0.22 per mile for client reimbursement;
131	131	5.4 (2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer
132	132	5.5transport;
133	133	5.6 (3) equivalent to the standard fare for unassisted transport when provided by public
134	134	5.7transit, and $11 $17 for the base rate and $1.30 $2.38 per mile when provided by a
135	135	5.8nonemergency medical transportation provider;
136	136	5.9 (4) $13 $22 for the base rate and $1.30 $2.38 per mile for assisted transport;
137	137	5.10 (5) $18 $31 for the base rate and $1.55 $2.65 per mile for lift-equipped/ramp transport;
138	138	5.11 (6) $75 for the base rate and $2.40 per mile for protected transport; and
139	139	5.12 (7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for
140	140	5.13an additional attendant if deemed medically necessary.
141	141	5.14 (n) The base rate for nonemergency medical transportation services in areas defined
142	142	5.15under RUCA to be super rural is equal to 111.3 percent of the respective base rate in
143	143	5.16paragraph (m), clauses (1) to (7). The mileage rate for nonemergency medical transportation
144	144	5.17services in areas defined under RUCA to be rural or super rural areas is:
145	145	5.18 (1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage
146	146	5.19rate in paragraph (m), clauses (1) to (7); and
147	147	5.20 (2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage
148	148	5.21rate in paragraph (m), clauses (1) to (7).
149	149	5.22 (o) For purposes of reimbursement rates for nonemergency medical transportation
150	150	5.23services under paragraphs (m) and (n), the zip code of the recipient's place of residence
151	151	5.24shall determine whether the urban, rural, or super rural reimbursement rate applies.
152	152	5.25 (p) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means
153	153	5.26a census-tract based classification system under which a geographical area is determined
154	154	5.27to be urban, rural, or super rural.
155	155	5.28 (q) The commissioner, when determining reimbursement rates for nonemergency medical
156	156	5.29transportation under paragraphs (m) and (n), shall exempt all modes of transportation listed
157	157	5.30under paragraph (i) from Minnesota Rules, part 9505.0445, item R, subitem (2).
158	158	5Section 1.
159	159	REVISOR AGW/AD 23-0016401/03/23