HF 298

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/15/2010 01:57pm

A bill for an act
relating to human services; changing day training and habilitation insurance
provisions; setting liability limits; changing the age limit for operators of
vehicles for hire; directing the commissioner to seek a federal waiver; amending
Minnesota Statutes 2008, sections 171.322; 174.30, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 65B.

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

Section 1.

new text begin [65B.136] DAY TRAINING AND HABILITATION
TRANSPORTATION INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin People who may drive provider's vehicles. new text end

new text begin Notwithstanding
section 171.322, an insurer may not prohibit a day training and habilitation transportation
provider from utilizing any holder of a valid Class A drivers license under section 171.02
to drive the provider's vehicle.
new text end

new text begin Subd. 2. new text end

new text begin People who may be transported by providers. new text end

new text begin In order to efficiently
transport as many clients as possible in a single vehicle, an insurer may not prohibit day
training and habilitation providers from transporting clients of other providers.
new text end

new text begin Subd. 3. new text end

new text begin Liability limits. new text end

new text begin Day training and habilitation transportation providers
under sections 252.40 to 252.46 have the same liability limits as the state as set forth
in section 3.736, subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Insurer defined. new text end

new text begin For purposes of this section, "insurer" means an insurer
issuing or renewing a policy of private passenger vehicle insurance as defined in section
65B.001.
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.322, is amended to read:

171.322 AGE LIMIT FOR OPERATOR OF VEHICLE FOR HIRE new text begin ;
EXEMPTION new text end .

new text begin (a) new text end No person under 18 years of age shall operate a motor vehicle while it is in use as
a carrier of persons for hire, nor shall any person under 18 years of age drive a passenger
carrying vehicle as a hired driver.

new text begin (b) A day training and habilitation provider under section 252.40 to 252.46 is not a
carrier of persons for hire under this section or any other section.
new text end

Sec. 3.

Minnesota Statutes 2008, section 174.30, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

(a) The operating standards for special transportation
service adopted under this section do not apply to special transportation provided by:

(1) a common carrier operating on fixed routes and schedules;

(2) a volunteer driver using a private automobile;

(3) a school bus as defined in section 169.011, subdivision 71; or

(4) an emergency ambulance regulated under chapter 144.

(b) The operating standards adopted under this section only apply to providers
of special transportation service who receive grants or other financial assistance from
either the state or the federal government, or both, to provide or assist in providing that
service; except that the operating standards adopted under this section do not apply
to any new text begin day training and habilitation services provider under sections 252.40 to 252.46,
new text end nursing home licensed under section 144A.02, to any board and care facility licensed
under section 144.50, or to any deleted text begin day training and habilitation services, deleted text end day care deleted text begin , deleted text end or
group home facility licensed under sections 245A.01 to 245A.19 unless the facility or
program provides transportation to nonresidents on a regular basis and the facility receives
reimbursement, other than per diem payments, for that service under rules promulgated
by the commissioner of human services.

(c) Notwithstanding paragraph (b), the operating standards adopted under this
section do not apply to any vendor of services licensed under chapter 245B that provides
transportation services to consumers or residents of other vendors licensed under chapter
245B and transports 15 or fewer persons, including consumers or residents and the driver.

Sec. 4. new text begin COMMISSIONER TO SEEK WAIVER.
new text end

new text begin The commissioner of human services is directed to secure authorization from the
Center for Medicare and Medicaid to permit day training and habilitation providers under
Minnesota Statutes, sections 252.40 to 252.46, to be reimbursed their transportation per
diem when their client is transported by another day training and habilitation provider
and separately pay that provider.
new text end