| 23 | | - | SECTION 1. Section 23-4.1-6 of the General Laws in Chapter 23-4.1 entitled "Emergency 1 |
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| 24 | | - | Medical Transportation Services" is hereby amended to read as follows: 2 |
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| 25 | | - | 23-4.1-6. Licensing of ambulances and ambulance service. 3 |
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| 26 | | - | (a) A person shall not engage in the business or service of the transportation of patients 4 |
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| 27 | | - | upon any public way of the state unless that person holds a license by the director of health for 5 |
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| 28 | | - | engaging in that business or service. 6 |
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| 29 | | - | (b) A person shall not operate an ambulance on public ways in this state if the ambulance 7 |
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| 30 | | - | is not licensed by the director of health under this chapter. 8 |
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| 31 | | - | (c) The director of health shall not issue or renew a license for an ambulance under this 9 |
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| 32 | | - | chapter unless the ambulance meets the minimum equipment standards established under this 10 |
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| 33 | | - | chapter. 11 |
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| 34 | | - | (d) If a major emergency occurs and the licensed ambulances in the state are not sufficient 12 |
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| 35 | | - | to meet the needs to transport the injured or sick persons, the licensing provisions of this section 13 |
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| 36 | | - | do not apply during the period of the emergency. 14 |
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| 37 | | - | (e)(1) If an ambulance is owned by a nonresident and is licensed as a motor vehicle in 15 |
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| 38 | | - | another state, it may be operated on the public ways of this state to transport patients who are picked 16 |
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| 39 | | - | up out of state and brought to treatment centers in the state, without the ambulance, its owners, the 17 |
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| 40 | | - | driver, the attendant, or the attendant drivers being licensed under this section. 18 |
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| 23 | + | SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND 1 |
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| 24 | + | CARRIERS" is hereby amended by adding thereto the following chapter: 2 |
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| 25 | + | CHAPTER 14.3 3 |
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| 26 | + | NON-EMERGENCY MEDICAL TRANSPORTATION 4 |
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| 27 | + | 39-14.3-1. Definitions. 5 |
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| 28 | + | Terms used in this chapter shall be construed as follows, unless another meaning is 6 |
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| 29 | + | expressed or is clearly apparent from the language or context: 7 |
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| 30 | + | (1) "Certificate" means a certificate of operating authority issued to a non-emergency 8 |
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| 31 | + | medical transportation service provider. 9 |
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| 32 | + | (2) "Common carrier," means any person engaging in the business of providing for-hire 10 |
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| 33 | + | non-emergency medical transportation services as defined in this chapter. 11 |
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| 34 | + | (3) "Division" means the division of public utilities and carriers. 12 |
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| 35 | + | (4) "Driver" means any person operating a motor vehicle used to provide non-emergency 13 |
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| 36 | + | medical transportation services that he or she owns or is operating with the expressed or implied 14 |
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| 37 | + | consent of the vehicle owner. 15 |
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| 38 | + | (5) "EOHHS" means the Rhode Island executive office of health and human services. 16 |
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| 39 | + | (6) “Gurney-transport vehicle” means a vehicle designed by the manufacturer to transport 17 |
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| 40 | + | non-ambulatory passengers on a gurney or stretcher. 18 |
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| 43 | | - | LC002080/SUB A - Page 2 of 9 |
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| 44 | | - | (2) Also exempted are: 1 |
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| 45 | | - | (i) Any motor vehicles or aircraft owned by or operated under the direct control of the 2 |
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| 46 | | - | United States; 3 |
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| 47 | | - | (ii) Those hospital-based and owned vehicles and their attendants which are used solely for 4 |
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| 48 | | - | the transportation of non-emergency patients to and from other institutions for the purpose of 5 |
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| 49 | | - | therapy and/or other medical treatment and services of a non-emergency nature; and 6 |
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| 50 | | - | (iii) Those private ambulance and service companies and their attendants which are used 7 |
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| 51 | | - | solely for the transportation of non-emergency patients; provided, however, that those private 8 |
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| 52 | | - | ambulance and service companies annually attest to the ambulance service coordinating board the 9 |
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| 53 | | - | fact that the ambulance or service companies are not engaged in the transportation of emergency 10 |
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| 54 | | - | patients. 11 |
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| 55 | | - | (f) Any change of ownership of a licensed ambulance or of a business or service engaged 12 |
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| 56 | | - | in the transportation of patients ends the license concerned. Upon a change of ownership, the 13 |
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| 57 | | - | director of health shall issue a ninety (90) day temporary license upon the application of the new 14 |
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| 58 | | - | owner for a current license. 15 |
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| 59 | | - | (g) All persons engaged in the business or service of the transportation of patients on any 16 |
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| 60 | | - | public ways in the state, all person operating an ambulance for ambulance purposes on any public 17 |
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| 61 | | - | way in the state, and all ambulances operated on public ways in this state shall conform to the 18 |
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| 62 | | - | minimum standards set by regulations issued under the authority of this chapter. 19 |
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| 63 | | - | (h) If there is a hardship imposed on any applicant for a license because of an unusual 20 |
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| 64 | | - | circumstance, the applicant may apply to the director for a temporary waiver of the licensing 21 |
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| 65 | | - | provisions of this section for good cause shown. The director has the power to waive licensing 22 |
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| 66 | | - | provisions for a period not to exceed ninety (90) days. 23 |
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| 67 | | - | (i) A person may not transport any patient by a stretcher, or in a supine position, in a vehicle 24 |
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| 68 | | - | unless the person holds a license as an emergency medical services provider issued by the director 25 |
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| 69 | | - | of health for engaging in that business or service. For the purposes of this section the definition of 26 |
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| 70 | | - | a "person" means an individual, corporation, organization, government, governmental subdivision 27 |
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| 71 | | - | or agency, business, trust, partnership, association, or any other legal entity, and an "emergency 28 |
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| 72 | | - | medical provider" means the practitioners, ambulance vehicles, and ambulance services entities 29 |
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| 73 | | - | licensed in accordance with chapter 4.1 of title 23 to provide emergency care, transportation, and 30 |
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| 74 | | - | preventative care to mitigate loss of life, or exacerbation of illness and injury. 31 |
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| 75 | | - | SECTION 2. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND 32 |
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| 76 | | - | CARRIERS" is hereby amended by adding thereto the following chapter: 33 |
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| 77 | | - | CHAPTER 14.3 34 |
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| 43 | + | LC002080 - Page 2 of 8 |
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| 44 | + | (7) "Non-emergency medical transportation" or "NEMT" means and includes 1 |
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| 45 | + | transportation services offered to patients and health care consumers who face extraordinary 2 |
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| 46 | + | barriers getting to their medical appointments. It is a key benefit of Medicaid as defined under 42 3 |
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| 47 | + | C.F.R. 457.1206 and is frequently coordinated by state agencies, departments, and authorities, 4 |
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| 48 | + | including the executive office of health and human services and the RIde program administered by 5 |
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| 49 | + | the Rhode Island public transit authority. For the purposes of this chapter, the coordination of 6 |
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| 50 | + | transportation by medical facilities when discharging patients/clients shall not be deemed NEMT. 7 |
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| 51 | + | (8) "Passenger" means an individual being transported by a certificated carrier in 8 |
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| 52 | + | conformance with the provisions of this chapter. 9 |
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| 53 | + | (9) "PASS" means the passenger assistance safety and sensitivity driver certification 10 |
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| 54 | + | training program devised and administered by the Community Transportation Association of 11 |
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| 55 | + | America. 12 |
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| 56 | + | (10) "Person" means and includes any individual, partnership, corporation, or other 13 |
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| 57 | + | association of individuals. 14 |
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| 58 | + | (11) "Public motor vehicle" and "PMV" and "public motor vehicle certificate of operating 15 |
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| 59 | + | authority" means the type of vehicle and operating certification process as defined in § 39-14.1-1. 16 |
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| 60 | + | (12) "RIPTA" means the Rhode Island public transit authority. 17 |
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| 61 | + | (13) "Special license" means a license, commonly referred to as a "hackney operator's 18 |
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| 62 | + | license," issued by the division of public utilities and carriers authorizing drivers to transport 19 |
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| 63 | + | passengers for compensation. 20 |
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| 64 | + | (14) "Taxicab" means every motor vehicle identified as such in § 39-14-1. 21 |
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| 65 | + | (15) "Third-party scheduler" means a vendor engaged by a state agency, department or 22 |
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| 66 | + | authority to schedule and coordinate transportation services for clients of the agency, department 23 |
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| 67 | + | or authority. 24 |
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| 68 | + | (16) "Vehicle" means a motor vehicle used to provide non-emergency medical 25 |
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| 69 | + | transportation services as defined in this chapter. 26 |
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| 70 | + | (17) "Vehicle markings" means markings required to be affixed to the outside of vehicles 27 |
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| 71 | + | identifying the vehicle as providing NEMT service. 28 |
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| 72 | + | (18) "Wheelchair-accessible vehicle" means a vehicle designed and equipped to allow the 29 |
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| 73 | + | transportation of a passenger who uses a wheelchair without requiring that passenger to be removed 30 |
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| 74 | + | from the wheelchair. 31 |
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| 75 | + | 39-14.3-2. Powers of division. 32 |
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| 76 | + | Every person owning or operating a motor vehicle engaged in providing non-emergency 33 |
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| 77 | + | medical transportation is declared a common carrier and subject to the jurisdiction of the division. 34 |
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| 80 | | - | LC002080/SUB A - Page 3 of 9 |
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| 81 | | - | NON-EMERGENCY MEDICAL TRANSPORTATION 1 |
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| 82 | | - | 39-14.3-1. Definitions. 2 |
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| 83 | | - | Terms used in this chapter shall be construed as follows, unless another meaning is 3 |
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| 84 | | - | expressed or is clearly apparent from the language or context: 4 |
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| 85 | | - | (1) "Certificate" means a certificate of operating authority issued to a non-emergency 5 |
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| 86 | | - | medical transportation service provider. 6 |
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| 87 | | - | (2) "Common carrier," means any person engaging in the business of providing for-hire 7 |
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| 88 | | - | non-emergency medical transportation services as defined in this chapter. 8 |
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| 89 | | - | (3) "Division" means the division of public utilities and carriers. 9 |
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| 90 | | - | (4) "Driver" means any person operating a motor vehicle used to provide non-emergency 10 |
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| 91 | | - | medical transportation services that he or she owns or is operating with the expressed or implied 11 |
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| 92 | | - | consent of the vehicle owner. 12 |
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| 93 | | - | (5) "EOHHS" means the Rhode Island executive office of health and human services. 13 |
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| 94 | | - | (6) “Gurney-transport vehicle” means a vehicle designed by the manufacturer to transport 14 |
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| 95 | | - | non-ambulatory passengers on a gurney or stretcher. 15 |
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| 96 | | - | (7)(i) "Non-emergency medical transportation" or "NEMT" means and includes 16 |
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| 97 | | - | transportation services offered to patients and health care consumers who face extraordinary 17 |
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| 98 | | - | barriers getting to their medical appointments. It is a key benefit of Medicaid defined under 42 18 |
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| 99 | | - | C.F.R. 457.1206 and is frequently coordinated by state agencies, departments, and authorities, 19 |
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| 100 | | - | including the executive office of health and human services and the RIde program administered by 20 |
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| 101 | | - | the Rhode Island public transit authority. NEMT is for people who are ambulatory curb-to curb and 21 |
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| 102 | | - | door-to-door and provided in accordance with the following criteria: 22 |
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| 103 | | - | (A) Ambulatory curb-to curb transportation is for patients who are capable of meeting their 23 |
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| 104 | | - | driver on the curb, getting in and out of the car and walking into their appointment unassisted; and 24 |
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| 105 | | - | (B) Ambulatory door-to-door transportation is for patients who need help getting from 25 |
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| 106 | | - | their home or medical appointment to and from the car; and 26 |
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| 107 | | - | (C) Wheelchair patients requiring NEMT transportation shall be transported using 27 |
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| 108 | | - | wheelchair-accessible public motor vehicles, as defined in this chapter. 28 |
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| 109 | | - | (ii) For the purposes of this chapter, the coordination of transportation by medical facilities 29 |
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| 110 | | - | when discharging patients/clients shall not be deemed NEMT; and 30 |
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| 111 | | - | (iii) NEMT shall not be utilized for people who require a gurney transport vehicle. 31 |
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| 112 | | - | (8) "Passenger" means an individual being transported by a certificated carrier in 32 |
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| 113 | | - | conformance with the provisions of this chapter. 33 |
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| 114 | | - | (9) "PASS" means the passenger assistance safety and sensitivity driver certification 34 |
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| 80 | + | LC002080 - Page 3 of 8 |
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| 81 | + | The division may prescribe any rules and regulations that it deems proper to ensure adequate, 1 |
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| 82 | + | economical, safe, and efficient service regulated under this chapter. 2 |
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| 83 | + | 39-14.3-3. Certificate required for NEMT operations. 3 |
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| 84 | + | (a) No person shall operate a vehicle in the provision of non-emergency medical 4 |
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| 85 | + | transportation in this state until the person shall have obtained an NEMT certificate of operating 5 |
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| 86 | + | authority from the division certifying that the applicant is fit, willing, and able to provide such 6 |
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| 87 | + | service to passengers. The certificate shall be issued only after submission to the division of a 7 |
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| 88 | + | written application for it, accompanied by a fee of two hundred fifty dollars ($250), and after a 8 |
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| 89 | + | public hearing has been conducted on the application. Certificates issued under this chapter shall 9 |
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| 90 | + | be renewed before the close of business on December 31 of each calendar year. The renewal fee 10 |
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| 91 | + | shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues 11 |
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| 92 | + | received under this section shall be deposited as general revenues. 12 |
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| 93 | + | (b) Notwithstanding the provisions of subsection (a) of this section, the division shall have 13 |
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| 94 | + | the authority to automatically grant such a certificate to any applicant who has previously held a 14 |
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| 95 | + | certificate, issued under § 39-14.1-1 ("PMV certificate"), and has utilized that certificate solely to 15 |
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| 96 | + | provide non-emergency medical transportation prior to the establishment of this chapter. In such 16 |
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| 97 | + | instances, the division may administratively convert such a PMV certificate to an NEMT certificate 17 |
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| 98 | + | without the need for an additional application fee to be paid or an application hearing to be held; 18 |
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| 99 | + | provided, however, that the applicant for such a conversion shall have satisfied any additional 19 |
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| 100 | + | licensing/certification requirements established by this chapter. The division shall establish a 20 |
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| 101 | + | mechanism for all certificate conversion requests to be made no later than four o'clock (4:00) p.m. 21 |
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| 102 | + | on August 1, 2023. Nothing in this subsection shall be construed to mean that such converted 22 |
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| 103 | + | certificates are exempt from the annual renewal process listed in subsection (a) of this section. 23 |
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| 104 | + | (c) Non-emergency medical transportation services provided by RIPTA and by licensed 24 |
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| 105 | + | ambulance companies shall be exempt from this chapter. 25 |
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| 106 | + | (d) Taxicab companies certificated and authorized by the division shall be permitted to 26 |
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| 107 | + | provide non-emergency medical transportation services without the need to apply for an NEMT 27 |
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| 108 | + | certificate as required in subsection (a) of this section; provided, however, that all taxicab drivers 28 |
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| 109 | + | shall adhere to the special licensing provisions of § 39-14.3-8. 29 |
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| 110 | + | (e) No for-hire transportation services authorized by the division under chapters 13 or 14.2 30 |
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| 111 | + | of title 39 shall be authorized to provide non-emergency medical transportation services, without 31 |
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| 112 | + | first having obtained an NEMT certificate as required in subsection (a) of this section. 32 |
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| 113 | + | 39-14.3-4. Hearing on application. 33 |
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| 114 | + | Upon receipt of an application for new authority, the division shall, within a reasonable 34 |
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| 117 | | - | LC002080/SUB A - Page 4 of 9 |
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| 118 | | - | training program devised and administered by the Community Transportation Association of 1 |
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| 119 | | - | America. 2 |
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| 120 | | - | (10) "Person" means and includes any individual, partnership, corporation, or other 3 |
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| 121 | | - | association of individuals. 4 |
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| 122 | | - | (11) "Public motor vehicle" and "PMV" and "public motor vehicle certificate of operating 5 |
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| 123 | | - | authority" means the type of vehicle and operating certification process as defined in § 39-14.1-1. 6 |
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| 124 | | - | (12) "RIPTA" means the Rhode Island public transit authority. 7 |
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| 125 | | - | (13) "Special license" means a license, commonly referred to as a "hackney operator's 8 |
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| 126 | | - | license," issued by the division of public utilities and carriers authorizing drivers to transport 9 |
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| 127 | | - | passengers for compensation. 10 |
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| 128 | | - | (14) "Taxicab" means every motor vehicle identified as such in § 39-14-1. 11 |
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| 129 | | - | (15) "Third-party scheduler" means a vendor engaged by a state agency, department or 12 |
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| 130 | | - | authority to schedule and coordinate transportation services for clients of the agency, department 13 |
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| 131 | | - | or authority. 14 |
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| 132 | | - | (16) "Vehicle" means a motor vehicle used to provide non-emergency medical 15 |
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| 133 | | - | transportation services as defined in this chapter. 16 |
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| 134 | | - | (17) "Vehicle markings" means markings required to be affixed to the outside of vehicles 17 |
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| 135 | | - | identifying the vehicle as providing NEMT service. 18 |
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| 136 | | - | (18) "Wheelchair-accessible vehicle" means a vehicle designed and equipped to allow the 19 |
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| 137 | | - | transportation of a passenger who uses a wheelchair without requiring that passenger to be removed 20 |
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| 138 | | - | from the wheelchair. 21 |
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| 139 | | - | 39-14.3-2. Powers of division. 22 |
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| 140 | | - | Every person owning or operating a motor vehicle engaged in providing non-emergency 23 |
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| 141 | | - | medical transportation is declared a common carrier and subject to the jurisdiction of the division. 24 |
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| 142 | | - | The division may prescribe any rules and regulations that it deems proper to ensure adequate, 25 |
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| 143 | | - | economical, safe, and efficient service regulated under this chapter. 26 |
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| 144 | | - | 39-14.3-3. Certificate required for NEMT operations. 27 |
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| 145 | | - | (a) No person shall operate a vehicle in the provision of non-emergency medical 28 |
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| 146 | | - | transportation in this state until the person shall have obtained an NEMT certificate of operating 29 |
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| 147 | | - | authority from the division certifying that the applicant is fit, willing, and able to provide such 30 |
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| 148 | | - | service to passengers. The certificate shall be issued only after submission to the division of a 31 |
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| 149 | | - | written application for it, accompanied by a fee of two hundred fifty dollars ($250), and after a 32 |
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| 150 | | - | public hearing has been conducted on the application. Certificates issued under this chapter shall 33 |
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| 151 | | - | be renewed before the close of business on December 31 of each calendar year. The renewal fee 34 |
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| 117 | + | LC002080 - Page 4 of 8 |
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| 118 | + | time, set the time and place for the required hearing. Notice of the hearing shall be given by first-1 |
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| 119 | + | class mail to the applicant and shall be published in a newspaper of statewide distribution, and on 2 |
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| 120 | + | the division's agency website. Following the hearing, the administrator of the division shall issue a 3 |
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| 121 | + | decision granting or denying the application as soon as practicable. 4 |
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| 122 | + | 39-14.3-5. Safety and sanitary condition of vehicles - Inspection and suitability. 5 |
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| 123 | + | The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety 6 |
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| 124 | + | and sanitary condition of all vehicles utilized to provide non-emergency medical transportation and 7 |
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| 125 | + | shall cause an inspection of it to be made before registering it, and from time to time thereafter, as 8 |
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| 126 | + | it shall deem necessary for the convenience, protection, and safety of passengers and of the public. 9 |
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| 127 | + | A fee of twenty-five dollars ($25.00) shall be paid to the division of motor vehicles for each annual 10 |
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| 128 | + | inspection. Moreover, the division of public utilities and carrier shall have additional responsibility, 11 |
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| 129 | + | under § 39-14.3-2, to ensure that the vehicles are of satisfactory condition, age, and mileage to be 12 |
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| 130 | + | used to transport NEMT passengers in a safe, sanitary, and acceptable manner. 13 |
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| 131 | + | 39-14.3-6. Registration and vehicle markings. 14 |
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| 132 | + | (a) Every vehicle engaged in non-emergency medical transportation shall be appropriately 15 |
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| 133 | + | registered with the division of motor vehicles to be operated on the roadways of the state. Moreover, 16 |
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| 134 | + | before being used to transport passengers, certificate holders shall, on an annual basis, register each 17 |
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| 135 | + | vehicle with the division on a form that lists vehicle year, make, model, and license plate number. 18 |
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| 136 | + | The fee for filing the initial registration shall be twenty dollars ($20.00). All subsequent annual 19 |
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| 137 | + | vehicle renewals shall be twenty dollars ($20.00) and shall be filed and the fee remitted with the 20 |
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| 138 | + | annual certificate renewal as outlined in § 39-l4.3-3(a). 21 |
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| 139 | + | (b) Every vehicle used to provide non-emergency medical transportation services shall bear 22 |
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| 140 | + | markings on the outside of the vehicle identifying it as authorized to provide such services. Such 23 |
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| 141 | + | markings shall make it clearly identifiable as an NEMT vehicle and shall list the NEMT certificate 24 |
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| 142 | + | number issued by the division. The division shall, in conjunction with EOHHS and all other state 25 |
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| 143 | + | agencies that contract for NEMT services on behalf of passengers, establish reasonable guidelines 26 |
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| 144 | + | for such vehicle markings. 27 |
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| 145 | + | 39-14.3-7. NEMT vehicles. 28 |
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| 146 | + | (a) Vehicles used to transport passengers in non-emergency medical transportation shall 29 |
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| 147 | + | only be: 30 |
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| 148 | + | (1) 4-door sedans; 31 |
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| 149 | + | (2) Minivans; 32 |
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| 150 | + | (3) Multi-passenger transport vans, or; 33 |
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| 151 | + | (4) Wheelchair-accessible vehicles; 34 |
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| 154 | | - | LC002080/SUB A - Page 5 of 9 |
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| 155 | | - | shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues 1 |
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| 156 | | - | received under this section shall be deposited as general revenues. 2 |
|---|
| 157 | | - | (b) Notwithstanding the provisions of subsection (a) of this section, the division shall have 3 |
|---|
| 158 | | - | the authority to automatically grant such a certificate to any applicant who has previously held a 4 |
|---|
| 159 | | - | certificate, issued under § 39-14.1-1 ("PMV certificate"), and has utilized that certificate solely to 5 |
|---|
| 160 | | - | provide non-emergency medical transportation prior to the establishment of this chapter. In such 6 |
|---|
| 161 | | - | instances, the division may administratively convert such a PMV certificate to an NEMT certificate 7 |
|---|
| 162 | | - | without the need for an additional application fee to be paid or an application hearing to be held; 8 |
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| 163 | | - | provided, however, that the applicant for such a conversion shall have satisfied any additional 9 |
|---|
| 164 | | - | licensing/certification requirements established by this chapter. The division shall establish a 10 |
|---|
| 165 | | - | mechanism for all certificate conversion requests to be made no later than four o'clock (4:00) p.m. 11 |
|---|
| 166 | | - | on August 1, 2023. Nothing in this subsection shall be construed to mean that such converted 12 |
|---|
| 167 | | - | certificates are exempt from the annual renewal process listed in subsection (a) of this section. 13 |
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| 168 | | - | (c) Non-emergency medical transportation services provided by RIPTA and by licensed 14 |
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| 169 | | - | ambulance companies shall be exempt from this chapter. 15 |
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| 170 | | - | (d) Taxicab companies certificated and authorized by the division shall be permitted to 16 |
|---|
| 171 | | - | provide non-emergency medical transportation services without the need to apply for an NEMT 17 |
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| 172 | | - | certificate as required in subsection (a) of this section; provided, however, that all taxicab drivers 18 |
|---|
| 173 | | - | shall adhere to the special licensing provisions of § 39-14.3-8. 19 |
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| 174 | | - | (e) No for-hire transportation services authorized by the division under chapters 13 or 14.2 20 |
|---|
| 175 | | - | of title 39 shall be authorized to provide non-emergency medical transportation services, without 21 |
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| 176 | | - | first having obtained an NEMT certificate as required in subsection (a) of this section. 22 |
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| 177 | | - | 39-14.3-4. Hearing on application. 23 |
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| 178 | | - | Upon receipt of an application for new authority, the division shall, within a reasonable 24 |
|---|
| 179 | | - | time, set the time and place for the required hearing. Notice of the hearing shall be given by first-25 |
|---|
| 180 | | - | class mail to the applicant and shall be published in a newspaper of statewide distribution, and on 26 |
|---|
| 181 | | - | the division's agency website. Following the hearing, the administrator of the division shall issue a 27 |
|---|
| 182 | | - | decision granting or denying the application as soon as practicable. 28 |
|---|
| 183 | | - | 39-14.3-5. Safety and sanitary condition of vehicles - Inspection and suitability. 29 |
|---|
| 184 | | - | The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety 30 |
|---|
| 185 | | - | and sanitary condition of all vehicles utilized to provide non-emergency medical transportation and 31 |
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| 186 | | - | shall cause an inspection of it to be made before registering it, and from time to time thereafter, as 32 |
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| 187 | | - | it shall deem necessary for the convenience, protection, and safety of passengers and of the public. 33 |
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| 188 | | - | A fee of twenty-five dollars ($25.00) shall be paid to the division of motor vehicles for each annual 34 |
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| 154 | + | LC002080 - Page 5 of 8 |
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| 155 | + | (5) Gurney-transport vehicles; provided, however, that transportation in such vehicles shall 1 |
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| 156 | + | require an additional attendant beyond the driver to safely effectuate the transportation. 2 |
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| 157 | + | (b) NEMT vehicles shall meet the same vehicle age/mileage standards as the division has 3 |
|---|
| 158 | + | previously prescribed for taxicabs and limited public motor vehicles as defined in § 39-14-1. 4 |
|---|
| 159 | + | 39-14.3-8. Drivers - General requirements. 5 |
|---|
| 160 | + | (a) No person shall operate an NEMT vehicle for compensation upon the public highways 6 |
|---|
| 161 | + | until the person shall have first obtained an operator's license as provided for in chapter 10 of title 7 |
|---|
| 162 | + | 31. Provided, further, no person shall operate an NEMT vehicle upon the highways until the person 8 |
|---|
| 163 | + | shall have first obtained a special license from the division under any rules and regulations that the 9 |
|---|
| 164 | + | division shall require. 10 |
|---|
| 165 | + | (b) In addition to the licensing requirements of the division referenced in subsection (a) of 11 |
|---|
| 166 | + | this section, no such special license shall be issued or renewed until the license applicant shall have 12 |
|---|
| 167 | + | presented to the division a valid certification demonstrating that the applicant has successfully 13 |
|---|
| 168 | + | completed PASS driver safety and sensitivity training. 14 |
|---|
| 169 | + | (c) The special license shall contain a recent photograph of the license holder, the licensee's 15 |
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| 170 | + | name, the license number and the license expiration date. The license shall be posted in the front 16 |
|---|
| 171 | + | of the NEMT vehicle at all times while the license holder is operating the vehicle, in a conspicuous 17 |
|---|
| 172 | + | place to afford the passenger the ability to see the photo and listed information. 18 |
|---|
| 173 | + | 39-14.3-9. Drivers - Training requirements for operating accessible vehicles. 19 |
|---|
| 174 | + | No person shall operate wheelchair-accessible or gurney-transport vehicle, as defined in § 20 |
|---|
| 175 | + | 39-14.3-1, for compensation in non-emergency medical transportation of passengers without first 21 |
|---|
| 176 | + | having satisfied the licensing requirements established in § 39-14.3-8. Moreover, any operator of 22 |
|---|
| 177 | + | such an "accessible" vehicle shall also present to the division valid certification that the applicant 23 |
|---|
| 178 | + | has successfully completed supplementary PASS training in loading, securing, transporting, and 24 |
|---|
| 179 | + | unloading wheelchair-bound and non-ambulatory passengers. Upon presentation of such 25 |
|---|
| 180 | + | certification, division personnel shall append the special license required in § 39-14.3-8 to authorize 26 |
|---|
| 181 | + | the holder thereof to operate a wheelchair-accessible NEMT or gurney-transport vehicle for the 27 |
|---|
| 182 | + | purpose of transporting such non-ambulatory passengers. 28 |
|---|
| 183 | + | It shall be unlawful both for any driver to operate, and for any certificate holder to allow 29 |
|---|
| 184 | + | any driver in its employ to operate, a wheelchair-accessible NEMT vehicle or a gurney-transport 30 |
|---|
| 185 | + | NEMT vehicle without the driver holding a valid annotated special license issued by the division 31 |
|---|
| 186 | + | confirming the driver has been sufficiently trained in transporting non-ambulatory passengers. 32 |
|---|
| 187 | + | 39-14.3-10. Proof of financial responsibility. 33 |
|---|
| 188 | + | The owner of any NEMT vehicle operating under this chapter shall file with the division a 34 |
|---|
| 191 | | - | LC002080/SUB A - Page 6 of 9 |
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| 192 | | - | inspection. Moreover, the division of public utilities and carrier shall have additional responsibility, 1 |
|---|
| 193 | | - | under § 39-14.3-2, to ensure that the vehicles are of satisfactory condition, age, and mileage to be 2 |
|---|
| 194 | | - | used to transport NEMT passengers in a safe, sanitary, and acceptable manner. 3 |
|---|
| 195 | | - | 39-14.3-6. Registration and vehicle markings. 4 |
|---|
| 196 | | - | (a) Every vehicle engaged in non-emergency medical transportation shall be appropriately 5 |
|---|
| 197 | | - | registered with the division of motor vehicles to be operated on the roadways of the state. Moreover, 6 |
|---|
| 198 | | - | before being used to transport passengers, certificate holders shall, on an annual basis, register each 7 |
|---|
| 199 | | - | vehicle with the division on a form that lists vehicle year, make, model, and license plate number. 8 |
|---|
| 200 | | - | The fee for filing the initial registration shall be twenty dollars ($20.00). All subsequent annual 9 |
|---|
| 201 | | - | vehicle renewals shall be twenty dollars ($20.00) and shall be filed and the fee remitted with the 10 |
|---|
| 202 | | - | annual certificate renewal as outlined in § 39-l4.3-3(a). 11 |
|---|
| 203 | | - | (b) Every vehicle used to provide non-emergency medical transportation services shall bear 12 |
|---|
| 204 | | - | markings on the outside of the vehicle identifying it as authorized to provide such services. Such 13 |
|---|
| 205 | | - | markings shall make it clearly identifiable as an NEMT vehicle and shall list the NEMT certificate 14 |
|---|
| 206 | | - | number issued by the division. The division shall, in conjunction with EOHHS and all other state 15 |
|---|
| 207 | | - | agencies that contract for NEMT services on behalf of passengers, establish reasonable guidelines 16 |
|---|
| 208 | | - | for such vehicle markings. 17 |
|---|
| 209 | | - | 39-14.3-7. NEMT vehicles. 18 |
|---|
| 210 | | - | (a) Vehicles used to transport passengers in non-emergency medical transportation shall 19 |
|---|
| 211 | | - | only be: 20 |
|---|
| 212 | | - | (1) 4-door sedans; 21 |
|---|
| 213 | | - | (2) Minivans; 22 |
|---|
| 214 | | - | (3) Multi-passenger transport vans, or; 23 |
|---|
| 215 | | - | (4) Wheelchair-accessible vehicles; 24 |
|---|
| 216 | | - | (b) NEMT vehicles shall meet the same vehicle age/mileage standards as the division has 25 |
|---|
| 217 | | - | previously prescribed for taxicabs and limited public motor vehicles as defined in § 39-14-1. 26 |
|---|
| 218 | | - | 39-14.3-8. Drivers - General requirements. 27 |
|---|
| 219 | | - | (a) No person shall operate an NEMT vehicle for compensation upon the public highways 28 |
|---|
| 220 | | - | until the person shall have first obtained an operator's license as provided for in chapter 10 of title 29 |
|---|
| 221 | | - | 31. Provided, further, no person shall operate an NEMT vehicle upon the highways until the person 30 |
|---|
| 222 | | - | shall have first obtained a special license from the division under any rules and regulations that the 31 |
|---|
| 223 | | - | division shall require. 32 |
|---|
| 224 | | - | (b) In addition to the licensing requirements of the division referenced in subsection (a) of 33 |
|---|
| 225 | | - | this section, no such special license shall be issued or renewed until the license applicant shall have 34 |
|---|
| 191 | + | LC002080 - Page 6 of 8 |
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| 192 | + | certificate of insurance issued by an insurance company authorized to transact business in this state, 1 |
|---|
| 193 | + | showing that the owner has a policy insuring the NEMT certificate holder against liability for injury 2 |
|---|
| 194 | + | to person and damage to property that may be caused by the operation of the NEMT vehicle, which 3 |
|---|
| 195 | + | policy shall provide for the indemnity in the sum of not less than one million five hundred thousand 4 |
|---|
| 196 | + | dollars ($1,500,000) for personal injury and indemnity of not less than one hundred thousand 5 |
|---|
| 197 | + | dollars ($100,000) for damage to property. 6 |
|---|
| 198 | + | 39-14.3-11. Penalty for violations - General. 7 |
|---|
| 199 | + | (a) Any person, firm, or corporation, subject to the provisions of this chapter and/or any 8 |
|---|
| 200 | + | rules and regulations promulgated under it, who shall knowingly or willfully cause to be done any 9 |
|---|
| 201 | + | act prohibited by this chapter, or who shall be guilty of any violation of this chapter or the rules 10 |
|---|
| 202 | + | and regulations shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to 11 |
|---|
| 203 | + | a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not exceeding one 12 |
|---|
| 204 | + | year, or both for each offense. 13 |
|---|
| 205 | + | (b) The administrator may, in his or her discretion, in lieu of seeking criminal sanctions, 14 |
|---|
| 206 | + | and/or in lieu of revoking or suspending the carrier's operating authority as conferred under this 15 |
|---|
| 207 | + | chapter, impose upon its regulated common carriers an administrative civil penalty ("fine"). This 16 |
|---|
| 208 | + | fine shall not exceed one thousand dollars ($1,000) per violation under this chapter or the division's 17 |
|---|
| 209 | + | rules and regulations promulgated under this chapter. 18 |
|---|
| 210 | + | 39-14.3-12. Penalty for failure to comply with training requirements for operation of 19 |
|---|
| 211 | + | accessible vehicles. 20 |
|---|
| 212 | + | (a) Any driver who operates a wheelchair-accessible vehicle or a gurney-transport vehicle 21 |
|---|
| 213 | + | without having successfully completed the additional training requirements mandated by § 39-14.3-22 |
|---|
| 214 | + | 9 or without having in the driver's possession the special license required by § 39-14.3-8 may be 23 |
|---|
| 215 | + | imprisoned for a term not to exceed two (2) years and fined not more than ten thousand dollars 24 |
|---|
| 216 | + | ($10,000). If any driver shall cause death or serious injury to any person while operating an NEMT 25 |
|---|
| 217 | + | vehicle in violation of § 39-14.3-8 or 39-14.3-9, the driver may be imprisoned for a term not to 26 |
|---|
| 218 | + | exceed five (5) years and fined not more than fifty thousand dollars ($50,000). 27 |
|---|
| 219 | + | (b) Every person involved in providing NEMT services, including any person holding an 28 |
|---|
| 220 | + | NEMT certificate of operating authority issued under this chapter by the division, or managing or 29 |
|---|
| 221 | + | operating a NEMT service provider, who shall aid, assist, abet, counsel, hire, command, or procure 30 |
|---|
| 222 | + | another to drive a wheelchair-accessible vehicle to transport passengers in violation of § 39-14.3-8 31 |
|---|
| 223 | + | or § 39-14.3-9, may be imprisoned for a term not to exceed four (4) years and fined not more than 32 |
|---|
| 224 | + | twenty thousand dollars ($20,000), except that if a death or serious injury occurs during the 33 |
|---|
| 225 | + | violative transportation, the term of imprisonment shall not exceed ten (10) years and the fine shall 34 |
|---|
| 228 | | - | LC002080/SUB A - Page 7 of 9 |
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| 229 | | - | presented to the division a valid certification demonstrating that the applicant has successfully 1 |
|---|
| 230 | | - | completed PASS driver safety and sensitivity training. 2 |
|---|
| 231 | | - | (c) The special license shall contain a recent photograph of the license holder, the licensee's 3 |
|---|
| 232 | | - | name, the license number and the license expiration date. The license shall be posted in the front 4 |
|---|
| 233 | | - | of the NEMT vehicle at all times while the license holder is operating the vehicle, in a conspicuous 5 |
|---|
| 234 | | - | place to afford the passenger the ability to see the photo and listed information. 6 |
|---|
| 235 | | - | 39-14.3-9. Drivers - Training requirements for operating accessible vehicles. 7 |
|---|
| 236 | | - | No person shall operate wheelchair-accessible vehicle, as defined in § 39-14.3-1, for 8 |
|---|
| 237 | | - | compensation in non-emergency medical transportation of passengers without first having satisfied 9 |
|---|
| 238 | | - | the licensing requirements established in § 39-14.3-8. Moreover, any operator of such an 10 |
|---|
| 239 | | - | "accessible" vehicle shall also present to the division valid certification that the applicant has 11 |
|---|
| 240 | | - | successfully completed supplementary PASS training in loading, securing, transporting, and 12 |
|---|
| 241 | | - | unloading wheelchair-bound passengers. Upon presentation of such certification, division 13 |
|---|
| 242 | | - | personnel shall append the special license required in § 39-14.3-8 to authorize the holder thereof to 14 |
|---|
| 243 | | - | operate a wheelchair-accessible NEMT for the purpose of transporting such non-ambulatory 15 |
|---|
| 244 | | - | passengers. 16 |
|---|
| 245 | | - | It shall be unlawful both for any driver to operate, and for any certificate holder to allow 17 |
|---|
| 246 | | - | any driver in its employ to operate, a wheelchair-accessible NEMT vehicle without the driver 18 |
|---|
| 247 | | - | holding a valid annotated special license issued by the division confirming the driver has been 19 |
|---|
| 248 | | - | sufficiently trained in transporting non-ambulatory passengers. 20 |
|---|
| 249 | | - | 39-14.3-10. Proof of financial responsibility. 21 |
|---|
| 250 | | - | The owner of any NEMT vehicle operating under this chapter shall file with the division a 22 |
|---|
| 251 | | - | certificate of insurance issued by an insurance company authorized to transact business in this state, 23 |
|---|
| 252 | | - | showing that the owner has a policy insuring the NEMT certificate holder against liability for injury 24 |
|---|
| 253 | | - | to person and damage to property that may be caused by the operation of the NEMT vehicle, which 25 |
|---|
| 254 | | - | policy shall provide for the indemnity in the sum of not less than one million five hundred thousand 26 |
|---|
| 255 | | - | dollars ($1,500,000) for personal injury and indemnity of not less than one hundred thousand 27 |
|---|
| 256 | | - | dollars ($100,000) for damage to property. 28 |
|---|
| 257 | | - | 39-14.3-11. Penalty for violations - General. 29 |
|---|
| 258 | | - | (a) Any person, firm, or corporation, subject to the provisions of this chapter and/or any 30 |
|---|
| 259 | | - | rules and regulations promulgated under it, who shall knowingly or willfully cause to be done any 31 |
|---|
| 260 | | - | act prohibited by this chapter, or who shall be guilty of any violation of this chapter or the rules 32 |
|---|
| 261 | | - | and regulations shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to 33 |
|---|
| 262 | | - | a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not exceeding one 34 |
|---|
| 263 | | - | |
|---|
| 264 | | - | |
|---|
| 265 | | - | LC002080/SUB A - Page 8 of 9 |
|---|
| 266 | | - | year, or both for each offense. 1 |
|---|
| 267 | | - | (b) The administrator may, in his or her discretion, in lieu of seeking criminal sanctions, 2 |
|---|
| 268 | | - | and/or in lieu of revoking or suspending the carrier's operating authority as conferred under this 3 |
|---|
| 269 | | - | chapter, impose upon its regulated common carriers an administrative civil penalty ("fine"). This 4 |
|---|
| 270 | | - | fine shall not exceed one thousand dollars ($1,000) per violation under this chapter or the division's 5 |
|---|
| 271 | | - | rules and regulations promulgated under this chapter. 6 |
|---|
| 272 | | - | 39-14.3-12. Penalty for failure to comply with training requirements for operation of 7 |
|---|
| 273 | | - | accessible vehicles. 8 |
|---|
| 274 | | - | (a) Any driver who operates a wheelchair-accessible vehicle without having successfully 9 |
|---|
| 275 | | - | completed the additional training requirements mandated by § 39-14.3-9 or without having in the 10 |
|---|
| 276 | | - | driver's possession the special license required by § 39-14.3-8 may be imprisoned for a term not to 11 |
|---|
| 277 | | - | exceed two (2) years and fined not more than ten thousand dollars ($10,000). If any driver shall 12 |
|---|
| 278 | | - | cause death or serious injury to any person while operating an NEMT vehicle in violation of § 39-13 |
|---|
| 279 | | - | 14.3-8 or 39-14.3-9, the driver may be imprisoned for a term not to exceed five (5) years and fined 14 |
|---|
| 280 | | - | not more than fifty thousand dollars ($50,000). 15 |
|---|
| 281 | | - | (b) Every person involved in providing NEMT services, including any person holding an 16 |
|---|
| 282 | | - | NEMT certificate of operating authority issued under this chapter by the division, or managing or 17 |
|---|
| 283 | | - | operating a NEMT service provider, who shall aid, assist, abet, counsel, hire, command, or procure 18 |
|---|
| 284 | | - | another to drive a wheelchair-accessible vehicle to transport passengers in violation of § 39-14.3-8 19 |
|---|
| 285 | | - | or § 39-14.3-9, may be imprisoned for a term not to exceed four (4) years and fined not more than 20 |
|---|
| 286 | | - | twenty thousand dollars ($20,000), except that if a death or serious injury occurs during the 21 |
|---|
| 287 | | - | violative transportation, the term of imprisonment shall not exceed ten (10) years and the fine shall 22 |
|---|
| 288 | | - | not exceed one hundred thousand dollars ($100,000). 23 |
|---|
| 289 | | - | SECTION 3. This act shall take effect upon passage. 24 |
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| 228 | + | LC002080 - Page 7 of 8 |
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| 229 | + | not exceed one hundred thousand dollars ($100,000). 1 |
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| 230 | + | SECTION 2. This act shall take effect on September 1, 2023. 2 |
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