Minnesota Legislature
SF 174
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am
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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, new text begin a county social worker, new text end 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. 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) "ambulette 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; and
new text end
new text begin
(2) "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 covers new text begin medical new 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) ambulette transportation; or
new text end
new text begin
(3) common carrier including, but not limited to, bus, taxicab, other commercial
carrier, or private automobile.
new text end
deleted text begin (b)deleted text end new text begin (c) new text end Medical assistance covers deleted text begin specialdeleted text end new text begin ambulette new text end transportationdeleted text begin , as defined in
Minnesota Rules, part 9505.0315, subpart 1, item F,deleted text end if deleted text begin 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 automobiledeleted text end new text begin :
new text end
new text begin
(1) the driver wears a uniform with easily identifiable company identification, is
trained, at a minimum, according to Minnesota Department of Transportation standards
for special transportation, and is subject to federal drug and alcohol testing according to
Code of Federal Regulations, part 383, subpart E;
new text end
new text begin
(2) the vehicle satisfies, at a minimum, Minnesota Department of Transportation
standards for special transportation; and
new text end
new text begin (3) the vehicle is covered by commercial general liability insurance in an amount
equal to or greater than $1,000,000 per incidentnew text end .
The commissioner may use an order by the recipient's attending physiciannew text begin , social worker,
or third-party entity approved by the commissioner new text end to certify that the recipient requires
deleted text begin specialdeleted text end new text begin ambulette new text end transportation services. deleted text begin Specialdeleted text end new text begin Ambulette new text end 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 for new 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. deleted text begin Specialdeleted text end new text begin Ambulette new text end 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. deleted text begin Specialdeleted text end new text begin Ambulette
new text end transportation providers may not bill for separate base rates for the continuation of a trip
beyond the original destination. deleted text begin Specialdeleted text end new text begin Ambulette new text end transportation providers must take
recipients to the nearest appropriate health care provider, using the deleted text begin most directdeleted text end new text begin quickest
new text end route deleted text begin availabledeleted text end new text begin as determined by a commercially available software program approved by
the commissionernew text end . The deleted text begin maximumdeleted text end new text begin minimum new text end medical assistance reimbursement rates for
deleted text begin specialdeleted text end new text begin ambulette new text end transportation services are:
(1) $17 for the base rate and $1.35 per mile for services to eligible persons who
need a wheelchair-accessible van;
(2) $11.50 for the base rate and $1.30 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.
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 ambulette transportation services.
new text end
Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, sections 256B.04, 256B.062, and 256D.03, and Minnesota
Rules, chapter 9505, the revisor of statutes shall change the term "special transportation
services" or "special transportation" to "ambulette transportation services" or "ambulette
transportation," as appropriate, wherever the terms appear.
new text end