HF 3564

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; amending Minnesota Statutes 2005 Supplement,
section 256B.0625, subdivision 17; Laws 2003, First Special Session chapter
14, article 12, section 93, as amended.

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

Section 1.

Minnesota Statutes 2005 Supplement, 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, taxi, other commercial transportation, or 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 their body in a prone or seated position
in a vehicle; or
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.
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 new text begin , including, but not limited to, residents
of a skilled nursing facility and individuals being discharged from a hospital to a
skilled nursing facility new text end . 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 deleted text begin most direct deleted text end new text begin quickest new text end route available. The
maximum medical assistance reimbursement rates for special transportation services are:

(1) deleted text begin $17 deleted text end new text begin $18 new text end for the base rate and deleted text begin $1.35 deleted text end new text begin $1.85 new text end per mile for services to eligible persons
who need a wheelchair-accessible van;

(2) deleted text begin $11.50 deleted text end new text begin $11.75 new text end for the base rate and deleted text begin $1.30 deleted text end new text begin $1.35 new text end per mile for services to eligible
persons who do not need a wheelchair-accessible van; and

(3) $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 vehicle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Laws 2003, First Special Session chapter 14, article 12, section 93, as amended
by Laws 2005, First Special Session chapter 4, article 8, section 80, is amended to read:

Sec. 93. REVIEW OF SPECIAL TRANSPORTATION ELIGIBILITY
CRITERIA AND POTENTIAL COST SAVINGS.

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 2006 deleted text end new text begin 2009 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. The commissioner shall not
amend the initial contract to broker or manage nonemergency medical transportation to
extend beyond two consecutive years. The commissioner shall not enter into a broker
or management contract for transportation services which denies a medical assistance
recipient the free choice of health service provider, including a special transportation
provider, as specified in Code of Federal Regulations, title 42, section 431.51. This
prohibition deleted text begin does not apply deleted text end new text begin also applies new text end to the purchase or management of common carrier
transportation. new text begin The commissioner of human services is prohibited from using a broker or
coordinator to manage common carrier transportation services until July 1, 2009, 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 l7. new text end

EFFECTIVE DATE. This section is effective deleted text begin the day following final enactment deleted text end new text begin
July 1, 2006 new text end .