By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 2136
(In the Senate - Received from the House May 6, 2011;
May 13, 2011, read first time and referred to Committee on Health
and Human Services; May 20, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7, Nays
0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2136 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to regional contracted brokers and subcontractors of
regional contracted brokers providing Medicaid nonemergency
medical transportation services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.02414, Government Code, is amended
by amending Subsection (a) and adding Subsections (e) and (f) to
read as follows:
(a) In this section:
(1) "Medical [, "medical] transportation program"
means the program that provides nonemergency transportation
services:
(A) to and from covered health care services,
based on medical necessity, to recipients under the Medicaid
program, the children with special health care needs program, and
the transportation for indigent cancer patients program, who have
no other means of transportation; and
(B) that do not include emergency transportation
services provided by ambulance.
(2) "Regional contracted broker" means an entity that
contracts with the commission to provide or arrange for the
provision of nonemergency transportation services under the
medical transportation program.
(e) The executive commissioner shall adopt rules to ensure
the safe and efficient provision of nonemergency transportation
services under the medical transportation program by regional
contracted brokers and subcontractors of regional contracted
brokers. The rules must include:
(1) minimum standards regarding the physical
condition and maintenance of motor vehicles used to provide the
services, including standards regarding the accessibility of motor
vehicles by persons with disabilities;
(2) a requirement that a regional contracted broker
verify that each motor vehicle operator providing the services or
seeking to provide the services has a valid driver's license;
(3) a requirement that a regional contracted broker
check the driving record information maintained by the Department
of Public Safety under Subchapter C, Chapter 521, Transportation
Code, of each motor vehicle operator providing the services or
seeking to provide the services;
(4) a requirement that a regional contracted broker
check the public criminal record information maintained by the
Department of Public Safety and made available to the public
through the department's Internet website of each motor vehicle
operator providing the services or seeking to provide the services;
and
(5) training requirements for motor vehicle operators
providing the services through a regional contracted broker,
including training on the following topics:
(A) passenger safety;
(B) passenger assistance;
(C) assistive devices, including wheelchair
lifts, tie-down equipment, and child safety seats;
(D) sensitivity and diversity;
(E) customer service;
(F) defensive driving techniques; and
(G) prohibited behavior by motor vehicle
operators.
(f) The commission shall require compliance with the rules
adopted under Subsection (e) in any contract entered into with a
regional contracted broker to provide nonemergency transportation
services under the medical transportation program.
SECTION 2. (a) Not later than August 31, 2013, the
executive commissioner of the Health and Human Services Commission
shall adopt rules as required by Section 531.02414(e), Government
Code, as added by this Act.
(b) The Health and Human Services Commission shall, in a
contract between the commission and a regional contracted broker
under Section 531.02414, Government Code, as amended by this Act,
that is entered into or renewed on or after the date the rules
required by that section take effect, require that the regional
contracted broker comply with those rules.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2011.
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