SF 230
1st Unofficial Engrossment - 86th Legislature (2009 - 2010)
Posted on 12/26/2012 11:17 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to health; clarifying nonemergency medical transportation level of care
1.3and transportation costs; prohibiting a broker or coordinator from dispatching
1.4nonemergency medical transportation;amending Minnesota Statutes 2008,
1.5sections 256B.04, subdivision 14a; 256B.0625, subdivision 17, by adding a
1.6subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2008, section 256B.04, subdivision 14a, is amended to
1.9read:
1.10 Subd. 14a. Level of need determination. Nonemergency medical transportation
1.11level of need determinations must be performed by a physician, a registered nurse working
1.12under direct supervision of a physician, a physician's assistant, a nurse practitioner, a
1.13licensed practical nurse, or a discharge planner. Nonemergency medical transportation
1.14level of need determinations must not be performed more than semiannually on any
1.15individual, unless the individual's circumstances have sufficiently changed so as to require
1.16a new level of need determination.new text begin Nonemergency medical transportation level of need new text end
1.17new text begin determinations must not be performed more than every seven years on an individual, new text end
1.18new text begin if a physician certifies that the individual's medical condition that requires the use of new text end
1.19new text begin nonemergency medical transportation is permanent and is not likely to improve, and this new text end
1.20new text begin certification by the physician is confirmed by a level of need determination.new text end Individuals
1.21residing in licensed nursing facilities are exempt from a level of need determination and
1.22are eligible for special transportation services until the individual no longer resides in a
1.23licensed nursing facility. If a person authorized by this subdivision to perform a level of
1.24need determination determines that an individual requires stretcher transportation, the
1.25individual is presumed to maintain that level of need until otherwise determined by a
2.1person authorized to perform a level of need determination, or for six months, whichever
2.2is sooner.
2.3 Sec. 2. Minnesota Statutes 2008, section 256B.0625, subdivision 17, is amended to
2.4read:
2.5 Subd. 17. Transportation costs. (a) new text begin For purposes of this subdivision, the following new text end
2.6new text begin terms have the meanings given unless otherwise provided for in this subdivision:new text end
2.7new text begin (1) "special transportation" means nonemergency medical transportation to or from a new text end
2.8new text begin covered service that is provided to a recipient who has a physical or mental impairment new text end
2.9new text begin that prohibits the recipient from independently and safely accessing and using a bus, taxi, new text end
2.10new text begin other commercial transportation, or private automobile;new text end
2.11new text begin (2) "access transportation service" means curb-to-curb nonemergency medical new text end
2.12new text begin transportation to or from a covered service that is provided to a recipient without a new text end
2.13new text begin physical or mental impairment, but who requires transportation services to be able to new text end
2.14new text begin access a covered service, and who are unable to do so by bus or private automobile; and new text end
2.15new text begin (3) "medical transportation" means the transport of a recipient to obtain a covered new text end
2.16new text begin service or the transport of a recipient after the covered service is provided.new text end
2.17new text begin (b) new text end Medical assistance coversnew text begin medicalnew text end transportation costs incurred solely for
2.18obtaining emergency medical care or transportation costs incurred by eligible persons in
2.19obtaining emergency or nonemergency medical care when paid directly to an ambulance
2.20company, common carrier, or other recognized providers of transportation services.new text begin new text end
2.21new text begin Medical transportation must be provided by:new text end
2.22new text begin (1) an ambulance, as defined in section 144E.001, subdivision 2;new text end
2.23new text begin (2) special transportation;new text end
2.24new text begin (3) access transportation; ornew text end
2.25new text begin (4) other common carrier, including but not limited to, bus, taxi, other commercial new text end
2.26new text begin carrier, or private automobile.new text end
2.27(b) Medical assistance covers special transportation, as defined in Minnesota Rules,
2.28part 9505.0315, subpart 1, item F, if the recipient has a physical or mental impairment that
2.29would prohibit the recipient from safely accessing and using a bus, taxi, other commercial
2.30transportation, or private automobile.
2.31new text begin (c) "Rural urban commuting area" or "RUCA" means an area determined to be new text end
2.32new text begin urban, rural, or super rural by the Centers for Medicare and Medicaid Services for new text end
2.33new text begin purposes of Medicare reimbursement of ambulance services.new text end
2.34The commissioner may use an order by the recipient's attending physician to certify that
2.35the recipient requires special transportation services. Special transportation includesnew text begin new text end
3.1new text begin providers shall perform new text end driver-assisted service tonew text begin services fornew text end eligible individuals.
3.2Driver-assisted service includes passenger pickup at and return to the individual's
3.3residence or place of business, assistance with admittance of the individual to the medical
3.4facility, and assistance in passenger securement or in securing of wheelchairs or stretchers
3.5in the vehicle. Special transportation providers must obtain written documentation from
3.6the health care service provider who is serving the recipient being transported, identifying
3.7the time that the recipient arrived. Special transportationnew text begin and access transportationnew text end
3.8providers may not bill for separate base rates for the continuation of a trip beyond the
3.9original destination. Special transportationnew text begin and access transportationnew text end providers must take
3.10recipients to the nearest appropriate health care provider, using the most direct route
3.11availablenew text begin as determined by a commercially available software program approved by the new text end
3.12new text begin commissioner and designated by the provider as the program to be used to determine the new text end
3.13new text begin route and mileage for all tripsnew text end . The maximumnew text begin minimumnew text end medical assistance reimbursement
3.14rates for specialnew text begin nonemergency medicalnew text end transportation services are:
3.15new text begin (1) for areas defined under RUCA as urban:new text end
3.16(1)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
3.17eligible persons who need a wheelchair-accessible van;
3.18(2)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
3.19to eligible persons who do not need a wheelchair-accessible van; and
3.20new text begin (iii) $10 for the base rate and $1.35 per mile for access transportation services to new text end
3.21new text begin eligible persons who need a wheelchair-accessible van;new text end
3.22new text begin (iv) $10 for the base rate and $1.30 per mile for access transportation services to new text end
3.23new text begin eligible persons who do not need a wheelchair-accessible van;new text end
3.24(3)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,
3.25for services to eligible persons who need a stretcher-accessible vehiclenew text begin ; andnew text end
3.26new text begin (vi) for all special transportation and access transportation services for a trip equal to new text end
3.27new text begin or exceeding 51 miles, the provider shall receive mileage reimbursement for each mile new text end
3.28new text begin equal to or exceeding 51 miles at 125 percent of the respective mileage rates in this clause;new text end
3.29new text begin (2) the base rates for special transportation services and access transportation in new text end
3.30new text begin areas defined under RUCA as rural, shall be equal to the reimbursement rate established in new text end
3.31new text begin clause (1) plus one percent;new text end
3.32new text begin (3) the base rate for special transportation and access transportation services in areas new text end
3.33new text begin defined under RUCA as super rural shall be equal to the reimbursement rate established in new text end
3.34new text begin clause (1) plus 22.6 percent; andnew text end
3.35new text begin (4) for special transportation and access transportation services defined under RUCA new text end
3.36new text begin as rural and super rural areas;new text end
4.1new text begin (i) for a trip equal to 17 miles or less, mileage reimbursement shall be equal to 150 new text end
4.2new text begin percent of the respective mileage rate in clause (1);new text end
4.3new text begin (ii) for a trip between 18 and 50 miles, mileage reimbursement shall be equal to 100 new text end
4.4new text begin percent of the respective mileage rate in clause (1); andnew text end
4.5new text begin (iii) for a trip equal to or exceeding 51 miles, mileage reimbursement shall be equal new text end
4.6new text begin to 125 percent of the respective mileage rate in clause (1), items (i) to (v)new text end .
4.7new text begin (d) For purposes of reimbursement rates for special transportation and access new text end
4.8new text begin transportation services under paragraph (c), the recipient's place of residence shall new text end
4.9new text begin determine whether the urban, rural, or super rural reimbursement rate applies.new text end
4.10new text begin (e) For all special transportation and access transportation services, the transportation new text end
4.11new text begin provider must obtain delivery confirmation of the recipient by the medical provider to new text end
4.12new text begin whom the recipient is delivered.new text end
4.13 Sec. 3. Minnesota Statutes 2008, section 256B.0625, is amended by adding a
4.14subdivision to read:
4.15 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 new text end
4.16new text begin a broker or coordinator to manage or dispatch nonemergency medical transportation new text end
4.17new text begin services.new text end
4.18 Sec. 4. new text begin REIMBURSEMENT REFORM ACT.new text end
4.19new text begin This act shall be referred to as the "Nonemergency Medical Transportation Reform new text end
4.20new text begin Act of 2009."new text end