| 1 | 1 | | 82R22312 EES-D |
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| 2 | 2 | | By: Guillen H.B. No. 2136 |
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| 3 | 3 | | Substitute the following for H.B. No. 2136: |
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| 4 | 4 | | By: Vo C.S.H.B. No. 2136 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to regional contracted brokers and subcontractors of |
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| 10 | 10 | | regional contracted brokers providing Medicaid nonemergency |
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| 11 | 11 | | medical transportation services. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 531.02414, Government Code, is amended |
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| 14 | 14 | | by amending Subsection (a) and adding Subsections (e) and (f) to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) In this section: |
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| 17 | 17 | | (1) "Medical [, "medical] transportation program" |
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| 18 | 18 | | means the program that provides nonemergency transportation |
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| 19 | 19 | | services: |
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| 20 | 20 | | (A) to and from covered health care services, |
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| 21 | 21 | | based on medical necessity, to recipients under the Medicaid |
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| 22 | 22 | | program, the children with special health care needs program, and |
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| 23 | 23 | | the transportation for indigent cancer patients program, who have |
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| 24 | 24 | | no other means of transportation; and |
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| 25 | 25 | | (B) that do not include transportation services |
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| 26 | 26 | | provided by ambulance. |
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| 27 | 27 | | (2) "Regional contracted broker" means an entity that |
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| 28 | 28 | | contracts with the commission to provide or arrange for the |
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| 29 | 29 | | provision of nonemergency transportation services under the |
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| 30 | 30 | | medical transportation program. |
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| 31 | 31 | | (e) The executive commissioner shall adopt rules to ensure |
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| 32 | 32 | | the safe and efficient provision of nonemergency transportation |
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| 33 | 33 | | services under the medical transportation program by regional |
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| 34 | 34 | | contracted brokers and subcontractors of regional contracted |
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| 35 | 35 | | brokers. The rules must include: |
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| 36 | 36 | | (1) minimum standards regarding the physical |
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| 37 | 37 | | condition and maintenance of motor vehicles used to provide the |
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| 38 | 38 | | services, including standards regarding the accessibility of motor |
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| 39 | 39 | | vehicles by persons with disabilities; |
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| 40 | 40 | | (2) a requirement that a regional contracted broker |
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| 41 | 41 | | verify that each motor vehicle operator providing the services or |
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| 42 | 42 | | seeking to provide the services has a valid driver's license; |
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| 43 | 43 | | (3) a requirement that a regional contracted broker |
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| 44 | 44 | | check the driving record information maintained by the Department |
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| 45 | 45 | | of Public Safety under Subchapter C, Chapter 521, Transportation |
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| 46 | 46 | | Code, of each motor vehicle operator providing the services or |
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| 47 | 47 | | seeking to provide the services; |
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| 48 | 48 | | (4) a requirement that a regional contracted broker |
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| 49 | 49 | | check the public criminal record information maintained by the |
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| 50 | 50 | | Department of Public Safety and made available to the public |
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| 51 | 51 | | through the department's Internet website of each motor vehicle |
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| 52 | 52 | | operator providing the services or seeking to provide the services; |
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| 53 | 53 | | and |
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| 54 | 54 | | (5) training requirements for motor vehicle operators |
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| 55 | 55 | | providing the services through a regional contracted broker, |
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| 56 | 56 | | including training on the following topics: |
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| 57 | 57 | | (A) passenger safety; |
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| 58 | 58 | | (B) passenger assistance; |
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| 59 | 59 | | (C) assistive devices, including wheelchair |
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| 60 | 60 | | lifts, tie-down equipment, and child safety seats; |
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| 61 | 61 | | (D) sensitivity and diversity; |
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| 62 | 62 | | (E) customer service; |
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| 63 | 63 | | (F) defensive driving techniques; and |
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| 64 | 64 | | (G) prohibited behavior by motor vehicle |
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| 65 | 65 | | operators. |
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| 66 | 66 | | (f) The commission shall require compliance with the rules |
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| 67 | 67 | | adopted under Subsection (e) in any contract entered into with a |
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| 68 | 68 | | regional contracted broker to provide nonemergency transportation |
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| 69 | 69 | | services under the medical transportation program. |
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| 70 | 70 | | SECTION 2. (a) Not later than August 31, 2013, the executive |
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| 71 | 71 | | commissioner of the Health and Human Services Commission shall |
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| 72 | 72 | | adopt rules as required by Section 531.02414(e), Government Code, |
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| 73 | 73 | | as added by this Act. |
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| 74 | 74 | | (b) The Health and Human Services Commission shall, in a |
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| 75 | 75 | | contract between the commission and a regional contracted broker |
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| 76 | 76 | | under Section 531.02414, Government Code, as amended by this Act, |
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| 77 | 77 | | that is entered into or renewed on or after the date the rules |
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| 78 | 78 | | required by that section take effect, require that the regional |
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| 79 | 79 | | contracted broker comply with those rules. |
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| 80 | 80 | | SECTION 3. If before implementing any provision of this Act |
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| 81 | 81 | | a state agency determines that a waiver or authorization from a |
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| 82 | 82 | | federal agency is necessary for implementation of that provision, |
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| 83 | 83 | | the agency affected by the provision shall request the waiver or |
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| 84 | 84 | | authorization and may delay implementing that provision until the |
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| 85 | 85 | | waiver or authorization is granted. |
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| 86 | 86 | | SECTION 4. This Act takes effect September 1, 2011. |
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