HF 1847

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; specifying criteria for
coverage of medical assistance special transportation
services; increasing special transportation
reimbursement rates; extending the prohibition on the
use of brokers or coordinators to manage special
transportation services; requiring a review of special
transportation services; amending Minnesota Statutes
2004, section 256B.0625, subdivision 17; Laws 2003,
First Special Session chapter 14, article 12, section
93.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 256B.0625,
subdivision 17, is amended to read:

Subd. 17.

Transportation costs.

(a) Medical assistance
covers 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.

(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.
new text begin For purposes of this requirement, a recipient has a physical or
mental impairment that would prohibit the recipient from safely
accessing and using a bus, a taxi, other commercial
transportation, or a private automobile if the recipient:
new text end

new text begin (1) lacks the upper body strength, lower body strength, or
coordination to safely transfer from a wheelchair and position
and secure the recipient's body in a prone or seated position in
a vehicle;
new text end

new text begin (2) is unable to safely walk or self-propel a wheelchair
from the recipient's residence to a vehicle and from the vehicle
through the outside door of the medical facility to the medical
appointment; or
new text end

new text begin (3) is a vulnerable adult as defined in section 626.5572,
subdivision 21.
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 includes
driver-assisted service to 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
transportation providers may not bill for separate base rates
for the continuation of a trip beyond the original destination.
Special transportation providers must take recipients to the
nearest appropriate health care provider, using the most direct
route available. The maximum medical assistance reimbursement
rates for special transportation services are:

(1) deleted text begin $18 deleted text end new text begin $18.75 new text end for the base rate and deleted text begin $1.40 deleted text end new text begin $1.60 new text end per mile
for services to eligible persons who need a
wheelchair-accessible van;

(2) $12 for the base rate and $1.35 per mile for services
to eligible persons who do not need a wheelchair-accessible van;
and

(3) deleted text begin $36 deleted text end new text begin $60 new text end for the base rate and deleted text begin $1.40 deleted text end new text begin $2.40 new text end per mile, and
an attendant rate of $9 per trip, for services to eligible
persons who need a stretcher-accessible vehicle.

Sec. 2.

Laws 2003, First Special Session chapter 14,
article 12, section 93, is amended to read:

Sec. 93 new text begin REVIEW OF SPECIAL TRANSPORTATION ELIGIBILITY
CRITERIA AND POTENTIAL COST SAVINGS.
new text end

The commissioner of human services, in consultation with
the commissioner of transportation and special transportation
service providers, shall review eligibility criteria for medical
assistance special transportation services and shall evaluate
whether the level of special transportation services provided
should be based on the degree of impairment of the client, as
well as the medical diagnosis. The commissioner shall also
evaluate methods for reducing the cost of special transportation
services, including, but not limited to:

(1) requiring providers to maintain a daily log book
confirming delivery of clients to medical facilities;

(2) requiring providers to implement commercially available
computer mapping programs to calculate mileage for purposes of
reimbursement;

(3) restricting special transportation service from being
provided solely for trips to pharmacies;

(4) modifying eligibility for special transportation;

(5) expanding alternatives to the use of special
transportation services;

(6) improving the process of certifying persons as eligible
for special transportation services; and

(7) examining the feasibility and benefits of licensing
special transportation providers.

The commissioner shall present recommendations for changes
in the eligibility criteria and potential cost-savings for
special transportation services to the chairs and ranking
minority members of the house and senate committees having
jurisdiction over health and human services spending by January
15, 2004. The commissioner is prohibited from using a broker or
coordinator to manage special transportation services until July
1, deleted text begin 2005 deleted text end new text begin 2006 new text end , except for the purposes of checking for recipient
eligibility, authorizing recipients for appropriate level of
transportation, and monitoring provider compliance with
Minnesota Statutes, section 256B.0625, subdivision 17. This
prohibition does not apply to the purchase or management of
common carrier transportation.

Sec. 3. new text begin EVALUATION OF SPECIAL TRANSPORTATION SERVICE
PROVIDERS.
new text end

new text begin The commissioner of human services, in consultation with
the commissioner of transportation, special transportation
service providers, and the broker or coordinator for access
transportation service, shall evaluate methods for assuring
quality and safety and reducing the cost of special
transportation services, including, but not limited to:
new text end

new text begin (1) restricting special transportation service from being
provided for trips to day treatment and habilitation services;
new text end

new text begin (2) establishing an independent complaint and dispute
resolution process for clients and providers;
new text end

new text begin (3) establishing additional levels of service with
corresponding levels of reimbursement; and
new text end

new text begin (4) establishing appropriate safety standards for vehicles
and drivers, including standards for vehicle inspections and
driver background checks.
new text end

new text begin The commissioner of human services shall present
recommendations for changes in eligibility criteria and quality
and safety standards, and provide estimates of potential
cost-savings, to the chairs and ranking minority members of the
house and senate committees having jurisdiction over health and
human services spending by February 1, 2006.
new text end