Minnesota Legislature
HF 200
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am
Current Version - 1st Engrossment
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A bill for an act
relating to health care; prohibiting the use of a broker for medical transportation
services; allowing county social workers to make level of need determinations;
renaming special transportation services; modifying medical transportation
requirements; amending Minnesota Statutes 2008, sections 256B.04, subdivision
14a; 256B.0625, subdivision 17, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 256B.04, subdivision 14a, is amended to
read:
Subd. 14a.
Level of need determination.
Nonemergency medical transportation
level of need determinations must be performed by a physician, a registered nurse working
under direct supervision of a physician, a physician's assistant, a nurse practitioner, a
licensed practical nurse, or a discharge planner. Nonemergency medical transportation
level of need determinations must not be performed more than semiannually on any
individual, unless the individual's circumstances have sufficiently changed so as to require
a new level of need determination.new text begin Nonemergency medical transportation level of need
determinations must not be performed more than every seven years on an individual,
if a physician certifies that the individual's medical condition that requires the use of
nonemergency medical transportation is permanent and is not likely to improve, and this
certification by the physician is confirmed by a level of need determination.new text end Individuals
residing in licensed nursing facilities are exempt from a level of need determination and
are eligible for special transportation services until the individual no longer resides in a
licensed nursing facility. If a person authorized by this subdivision to perform a level of
need determination determines that an individual requires stretcher transportation, the
individual is presumed to maintain that level of need until otherwise determined by a
person authorized to perform a level of need determination, or for six months, whichever
is sooner.
Sec. 2.
Minnesota Statutes 2008, section 256B.0625, subdivision 17, is amended to
read:
Subd. 17.
Transportation costs.
(a) new text begin For purposes of this subdivision, the following
terms have the meanings given unless otherwise provided for in this subdivision:
new text end
new text begin
(1) "special transportation" means nonemergency medical transportation to or from a
covered service that is provided to a recipient who has a physical or mental impairment
that prohibits the recipient from independently and safely accessing and using a bus, taxi,
other commercial transportation, or private automobile;
new text end
new text begin
(2) "access transportation service" means curb-to-curb nonemergency medical
transportation to or from a covered service that is provided to a recipient without a
physical or mental impairment, but who requires transportation services to be able to
access a covered service, and who is unable to do so by bus or private automobile; and
new text end
new text begin
(3) "medical transportation" means the transport of a recipient to obtain a covered
service or the transport of a recipient after the covered service is provided.
new text end
new text begin (b) new text end Medical assistance coversnew text begin medicalnew text end transportation costs incurred solely for
obtaining emergency medical care or transportation costs incurred by eligible persons in
obtaining emergency or nonemergency medical care when paid directly to an ambulance
company, common carrier, or other recognized providers of transportation services.new text begin
Medical transportation must be provided by:
new text end
new text begin
(1) an ambulance, as defined in section 144E.001, subdivision 2;
new text end
new text begin
(2) special transportation;
new text end
new text begin
(3) access transportation; or
new text end
new text begin
(4) other common carrier including, but not limited to, bus, taxi, other commercial
carrier, or private automobile.
new text end
deleted text begin
(b) Medical assistance covers special transportation, as defined in Minnesota Rules,
part 9505.0315, subpart 1, item F, if the recipient has a physical or mental impairment that
would prohibit the recipient from safely accessing and using a bus, taxi, other commercial
transportation, or private automobile.
deleted text end
new text begin
(c) "Rural urban commuting area" or "RUCA" means an area determined to be
urban, rural, or super rural by the Centers for Medicare and Medicaid Services for
purposes of Medicare reimbursement of ambulance services.
new text end
The commissioner may use an order by the recipient's attending physician to certify that
the recipient requires special transportation services. Special transportation deleted text begin includesdeleted text end new text begin
providers shall perform new text end driver-assisted deleted text begin service todeleted text end new text begin services fornew text end eligible individuals.
Driver-assisted service includes passenger pickup at and return to the individual's
residence or place of business, assistance with admittance of the individual to the medical
facility, and assistance in passenger securement or in securing of wheelchairs or stretchers
in the vehicle. Special transportation providers must obtain written documentation from
the health care service provider who is serving the recipient being transported, identifying
the time that the recipient arrived. Special transportationnew text begin and access transportationnew text end
providers may not bill for separate base rates for the continuation of a trip beyond the
original destination. Special transportationnew text begin and access transportationnew text end providers must take
recipients to the nearest appropriate health care provider, using the most direct route
availablenew text begin as determined by a commercially available software program approved by the
commissioner and designated by the provider as the program to be used to determine the
route and mileage for all tripsnew text end . The deleted text begin maximumdeleted text end new text begin minimumnew text end medical assistance reimbursement
rates for deleted text begin specialdeleted text end new text begin nonemergency medicalnew text end transportation services are:
new text begin
(1) for areas defined under RUCA as urban:
new text end
new text begin new text end
deleted text begin (1)deleted text end new text begin (i)new text end $17 for the base rate and $1.35 per mile fornew text begin special transportationnew text end services to
eligible persons who need a wheelchair-accessible van;
deleted text begin (2)deleted text end new text begin (ii)new text end $11.50 for the base rate and $1.30 per mile fornew text begin special transportationnew text end services
to eligible persons who do not need a wheelchair-accessible van; deleted text begin and
deleted text end
new text begin
(iii) $10 for the base rate and $1.35 per mile for access transportation services to
eligible persons who need a wheelchair-accessible van;
new text end
new text begin
(iv) $10 for the base rate and $1.30 per mile for access transportation services to
eligible persons who do not need a wheelchair-accessible van;
new text end
new text begin
new text end
deleted text begin (3)deleted text end new text begin (v)new text end $60 for the base rate and $2.40 per mile, and an attendant rate of $9 per trip,
for services to eligible persons who need a stretcher-accessible vehicledeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(vi) for all special transportation and access transportation services for a trip equal to
or exceeding 51 miles, the provider shall receive mileage reimbursement for each mile
equal to or exceeding 51 miles at 125 percent of the respective mileage rates in this clause;
new text end
new text begin
(2) the base rates for special transportation services and access transportation in
areas defined under RUCA as rural, shall be equal to the reimbursement rate established in
clause (1) plus one percent;
new text end
new text begin
(3) the base rate for special transportation and access transportation services in areas
defined under RUCA as super rural shall be equal to the reimbursement rate established in
clause (1) plus 22.6 percent; and
new text end
new text begin
(4) for special transportation and access transportation services defined under RUCA
as rural and super rural areas:
new text end
new text begin
(i) for a trip equal to 17 miles or less, mileage reimbursement shall be equal to 150
percent of the respective mileage rate in clause (1);
new text end
new text begin
(ii) for a trip between 18 and 50 miles, mileage reimbursement shall be equal to 100
percent of the respective mileage rate in clause (1); and
new text end
new text begin
(iii) for a trip equal to or exceeding 51 miles, mileage reimbursement shall be equal
to 125 percent of the respective mileage rate in clause (1), items (i) to (v).
new text end
new text begin
(d) For purposes of reimbursement rates for special transportation and access
transportation services under paragraph (c), the recipient's place of residence shall
determine whether the urban, rural, or super rural reimbursement rate applies.
new text end
new text begin
(e) For all special transportation and access transportation services, the transportation
provider must obtain delivery confirmation of the recipient by the medical provider to
whom the recipient is delivered.
new text end
Sec. 3.
Minnesota Statutes 2008, section 256B.0625, is amended by adding a
subdivision to read:
new text begin Subd. 17b. new text end
new text begin Broker dispatching prohibition. new text end
new text begin
The commissioner shall not use
a broker or coordinator to manage or dispatch nonemergency medical transportation
services.
new text end
Sec. 4. new text begin REIMBURSEMENT REFORM ACT.
new text end
new text begin
This act shall be referred to as the "Nonemergency Medical Transportation Reform
Act of 2009."
new text end