Texas 2019 - 86th Regular

Texas Senate Bill SB1667 Compare Versions

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

Old	New	Differences
1	1	86R5772 JG-F
2	2	By: Buckingham S.B. No. 1667
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the delivery of certain transportation services under
8	8	Medicaid and certain other health and human services programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 531.02414(a), Government Code, is
11	11	amended by amending Subdivision (1) and adding Subdivisions (1-a)
12	12	and (3) to read as follows:
13	13	(1) "Medical transportation program" means the
14	14	program that provides nonemergency transportation services [to and
15	15	from covered health care services, based on medical necessity,] to
16	16	recipients under Medicaid, the children with special health care
17	17	needs program, and the transportation for indigent cancer patients
18	18	program, who have no other means of transportation.
19	19	(1-a) "Nonemergency transportation service" means a
20	20	service provided to transport a person to or from medically
21	21	necessary services covered under a health care program in which the
22	22	person is enrolled. The term does not include a nonmedical
23	23	transportation service as defined by Section 531.024142.
24	24	(3) "Transportation network company" has the meaning
25	25	assigned by Section 2402.001, Occupations Code.
26	26	SECTION 2. Section 531.02414, Government Code, is amended
27	27	by amending Subsection (f) and adding Subsections (i) and (j) to
28	28	read as follows:
29	29	(f) Except as provided by Subsection (i), the [The]
30	30	commission shall require compliance with the rules adopted under
31	31	Subsection (e) in any contract entered into with a regional
32	32	contracted broker to provide nonemergency transportation services
33	33	under the medical transportation program.
34	34	(i) A regional contracted broker may subcontract with a
35	35	transportation network company to provide services under this
36	36	section. A rule or other requirement adopted by the executive
37	37	commissioner under Subsection (e) does not apply to the
38	38	subcontracted transportation network company or a motor vehicle
39	39	operator who is part of the company's network. The commission or
40	40	the regional contracted broker may not require a motor vehicle
41	41	operator who is part of the subcontracted transportation network
42	42	company's network to enroll as a Medicaid provider to provide
43	43	services under this section.
44	44	(j) Notwithstanding any other law, a motor vehicle operator
45	45	who is part of the network of a transportation network company that
46	46	subcontracts with a regional contracted broker under Subsection (i)
47	47	and who satisfies the driver requirements in Section 2402.107,
48	48	Occupations Code, is qualified to provide services under this
49	49	section. The commission and the regional contracted broker may not
50	50	impose any additional requirements on a motor vehicle operator who
51	51	satisfies the driver requirements in Section 2402.107, Occupations
52	52	Code, to provide services under this section.
53	53	SECTION 3. Subchapter B, Chapter 531, Government Code, is
54	54	amended by adding Section 531.024142 to read as follows:
55	55	Sec. 531.024142. NONMEDICAL TRANSPORTATION SERVICES UNDER
56	56	MEDICAID. (a) In this section:
57	57	(1) "Managed care organization" means a managed care
58	58	organization that contracts with the commission to provide health
59	59	care services to Medicaid recipients under Chapter 533.
60	60	(2) "Nonmedical transportation service" means:
61	61	(A) transportation of a Medicaid recipient
62	62	enrolled in a managed care plan, other than a recipient whose
63	63	medical or physical condition contraindicates the use of
64	64	transportation services, to and from a medically necessary,
65	65	nonemergency covered health care service that is scheduled not more
66	66	than 48 hours before the transportation occurs, including
67	67	transportation related to:
68	68	(i) discharge of a recipient from a health
69	69	care facility;
70	70	(ii) receipt of urgent care;
71	71	(iii) obtaining pharmacy services and
72	72	prescription drugs; and
73	73	(iv) obtaining any other time-sensitive
74	74	covered health care service; and
75	75	(B) any other transportation to or from a
76	76	medically necessary, nonemergency covered health care service the
77	77	commission considers appropriate to be provided by a transportation
78	78	vendor, as determined by commission rule or policy.
79	79	(3) "Transportation network company" has the meaning
80	80	assigned by Section 2402.001, Occupations Code.
81	81	(4) "Transportation vendor" means an entity,
82	82	including a transportation network company, that contracts with a
83	83	managed care organization to provide nonmedical transportation
84	84	services.
85	85	(b) The executive commissioner shall adopt rules regarding
86	86	the manner in which nonmedical transportation services may be
87	87	arranged and provided.
88	88	(c) The rules must require a managed care organization to
89	89	create a process to:
90	90	(1) verify that a passenger is eligible to receive
91	91	nonmedical transportation services; and
92	92	(2) ensure that nonmedical transportation services
93	93	are provided only to and from covered health care services.
94	94	(d) The rules must require a transportation vendor to,
95	95	before permitting a motor vehicle operator to provide nonmedical
96	96	transportation services:
97	97	(1) confirm that the operator:
98	98	(A) is at least 18 years of age;
99	99	(B) maintains a valid driver's license issued by
100	100	this state, another state, or the District of Columbia; and
101	101	(C) possesses proof of registration and
102	102	automobile financial responsibility for each motor vehicle to be
103	103	used to provide nonmedical transportation services;
104	104	(2) conduct, or cause to be conducted, a local, state,
105	105	and national criminal background check for the operator that
106	106	includes the use of:
107	107	(A) a commercial multistate and
108	108	multijurisdiction criminal records locator or other similar
109	109	commercial nationwide database; and
110	110	(B) the national sex offender public website
111	111	maintained by the United States Department of Justice or a
112	112	successor agency;
113	113	(3) confirm that any vehicle to be used to provide
114	114	nonmedical transportation services:
115	115	(A) meets the applicable requirements of Chapter
116	116	548, Transportation Code; and
117	117	(B) has at least four doors; and
118	118	(4) obtain and review the operator's driving record.
119	119	(e) The rules may not permit a motor vehicle operator to
120	120	provide nonmedical transportation services if the operator:
121	121	(1) has been convicted in the three-year period
122	122	preceding the issue date of the driving record obtained under
123	123	Subsection (d)(4) of:
124	124	(A) more than three offenses classified by the
125	125	Department of Public Safety as moving violations; or
126	126	(B) one or more of the following offenses:
127	127	(i) fleeing or attempting to elude a police
128	128	officer under Section 545.421, Transportation Code;
129	129	(ii) reckless driving under Section
130	130	545.401, Transportation Code;
131	131	(iii) driving without a valid driver's
132	132	license under Section 521.025, Transportation Code; or
133	133	(iv) driving with an invalid driver's
134	134	license under Section 521.457, Transportation Code;
135	135	(2) has been convicted in the preceding seven-year
136	136	period of any of the following:
137	137	(A) driving while intoxicated under Section
138	138	49.04 or 49.045, Penal Code;
139	139	(B) use of a motor vehicle to commit a felony;
140	140	(C) a felony crime involving property damage;
141	141	(D) fraud;
142	142	(E) theft;
143	143	(F) an act of violence; or
144	144	(G) an act of terrorism; or
145	145	(3) is found to be registered in the national sex
146	146	offender public website maintained by the United States Department
147	147	of Justice or a successor agency.
148	148	(f) The commission may not require:
149	149	(1) a motor vehicle operator to enroll as a Medicaid
150	150	provider to provide nonmedical transportation services; or
151	151	(2) a managed care organization to credential a motor
152	152	vehicle operator to provide nonmedical transportation services.
153	153	(g) Notwithstanding any other law, a motor vehicle operator
154	154	who is part of a transportation network company's network and who
155	155	satisfies the driver requirements in Section 2402.107, Occupations
156	156	Code, is qualified to provide nonmedical transportation services.
157	157	The commission and a managed care organization may not impose any
158	158	additional requirements on a motor vehicle operator who satisfies
159	159	the driver requirements in Section 2402.107, Occupations Code, to
160	160	provide nonmedical transportation services.
161	161	SECTION 4. Section 533.00257(a), Government Code, is
162	162	amended by adding Subdivision (2-a) to read as follows:
163	163	(2-a) "Transportation network company" has the
164	164	meaning assigned by Section 2402.001, Occupations Code.
165	165	SECTION 5. Section 533.00257, Government Code, is amended
166	166	by amending Subsections (d) and (g) and adding Subsections (k) and
167	167	(l) to read as follows:
168	168	(d) A managed transportation organization that participates
169	169	in the medical transportation program must attempt to contract with
170	170	medical transportation providers that:
171	171	(1) are considered significant traditional providers,
172	172	as defined by rule by the executive commissioner;
173	173	(2) except as provided by Subsections (k) and (l),
174	174	meet the minimum quality and efficiency measures required under
175	175	Subsection (g) and other requirements that may be imposed by the
176	176	managed transportation organization; and
177	177	(3) agree to accept the prevailing contract rate of
178	178	the managed transportation organization.
179	179	(g) Except as provided by Subsections (k) and (l), the [The]
180	180	commission shall require that managed transportation organizations
181	181	and providers participating in the medical transportation program
182	182	meet minimum quality and efficiency measures as determined by the
183	183	commission.
184	184	(k) A managed transportation organization may subcontract
185	185	with a transportation network company to provide services under
186	186	this section. A rule or other requirement adopted by the executive
187	187	commissioner under this section or Section 531.02414 does not apply
188	188	to the subcontracted transportation network company or a motor
189	189	vehicle operator who is part of the company's network. The
190	190	commission or the managed transportation organization may not
191	191	require a motor vehicle operator who is part of the subcontracted
192	192	transportation network company's network to enroll as a Medicaid
193	193	provider to provide services under this section.
194	194	(l) Notwithstanding any other law, a motor vehicle operator
195	195	who is part of the network of a transportation network company that
196	196	subcontracts with a managed transportation organization under
197	197	Subsection (k) and who satisfies the driver requirements in Section
198	198	2402.107, Occupations Code, is qualified to provide services under
199	199	this section. The commission and the managed transportation
200	200	organization may not impose any additional requirements on a motor
201	201	vehicle operator who satisfies the driver requirements in Section
202	202	2402.107, Occupations Code, to provide services under this section.
203	203	SECTION 6. Subchapter A, Chapter 533, Government Code, is
204	204	amended by adding Section 533.00259 to read as follows:
205	205	Sec. 533.00259. DELIVERY OF NONMEDICAL TRANSPORTATION
206	206	SERVICES. (a) In this section, "nonmedical transportation
207	207	service" and "transportation vendor" have the meanings assigned by
208	208	Section 531.024142.
209	209	(b) Each managed care organization that contracts with the
210	210	commission to provide health care services to recipients shall
211	211	arrange for the provision of nonmedical transportation services. A
212	212	managed care organization may contract with a transportation vendor
213	213	or other third party to arrange for the provision of nonmedical
214	214	transportation services. If a managed care organization contracts
215	215	with a third party that is not a transportation vendor to arrange
216	216	for the provision of nonmedical transportation services, the third
217	217	party shall contract with a transportation vendor to deliver the
218	218	nonmedical transportation services.
219	219	(c) A managed care organization that contracts with a
220	220	transportation vendor or other third party to arrange for the
221	221	provision of nonmedical transportation services shall ensure the
222	222	effective sharing and integration of service coordination, service
223	223	authorization, and utilization management data between the managed
224	224	care organization and the transportation vendor or third party.
225	225	(d) A managed care organization may not require:
226	226	(1) a motor vehicle operator to enroll as a Medicaid
227	227	provider to provide nonmedical transportation services; or
228	228	(2) the credentialing of a motor vehicle operator to
229	229	provide nonmedical transportation services.
230	230	SECTION 7. As soon as practicable after the effective date
231	231	of this Act, the executive commissioner of the Health and Human
232	232	Services Commission shall adopt rules as necessary to implement the
233	233	changes in law made by this Act.
234	234	SECTION 8. If before implementing any provision of this Act
235	235	a state agency determines that a waiver or authorization from a
236	236	federal agency is necessary for implementation of that provision,
237	237	the agency affected by the provision shall request the waiver or
238	238	authorization and may delay implementing that provision until the
239	239	waiver or authorization is granted.
240	240	SECTION 9. This Act takes effect September 1, 2019.