78R1045 KKA-D

By:  Swinford                                                     H.B. No. 1149



A BILL TO BE ENTITLED

AN ACT

relating to the medical transportation program.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 531, Government Code, is 
amended by adding Section 531.063 to read as follows:
	Sec. 531.063.  CONTRACTS FOR TRANSPORTATION BROKERAGE 
SERVICES.  (a)  The commission shall contract with a single 
statewide transportation broker or with an appropriate number of 
regional transportation brokers for administrative assistance in 
providing transportation services under the medical transportation 
program.
	(b)  The commission may contract under this section with any 
person who meets the criteria established by the commission, 
including a nonprofit organization, public entity, or private 
contractor.
	(c)  A contract between the commission and a broker must:               
		(1)  require the broker to act as a gatekeeper to 
control costs and the use of transportation services, as well as to 
ensure consistent quality of and access to those services;
		(2)  require the broker to implement procedures 
designed to:         
			(A)  prevent fraud and abuse in the medical 
transportation program; and
			(B)  promote use of the most efficient and least 
costly modes of transportation; and
		(3)  include an overall cap on the amount that may be 
paid by the commission under the contract.
	(d)  The broker or brokers selected by the commission may  
contract with transportation providers as necessary to provide 
transportation services to persons eligible for those services.
	SECTION 2.  On September 1, 2004, or on an earlier date 
specified by the Health and Human Services Commission:
		(1)  all powers, duties, functions, activities, 
obligations, rights, contracts, records, property, and 
appropriations or other money of the Texas Department of Health 
that are determined by the commissioner of health and human 
services to be essential to the administration of the medical 
transportation program are transferred to the Health and Human 
Services Commission;
		(2)  a rule or form adopted by the Texas Department of 
Health that relates to the medical transportation program is a rule 
or form of the Health and Human Services Commission and remains in 
effect until altered by the commission;
		(3)  a reference in law or an administrative rule to the 
Texas Department of Health that relates to the medical 
transportation program means the Health and Human Services 
Commission;
		(4)  a license, permit, or certification in effect that 
was issued by the Texas Department of Health that relates to the 
medical transportation program is continued in effect as a license, 
permit, or certification of the Health and Human Services 
Commission; and
		(5)  a complaint, investigation, or other proceeding 
pending before the Texas Department of Health that relates to the 
medical transportation program is transferred without change in 
status to the Health and Human Services Commission.
	SECTION 3.  The Health and Human Services Commission shall 
take all action necessary to provide for:
		(1)  the transfer of the medical transportation program 
to the commission as soon as possible after the effective date of 
this Act but not later than September 1, 2004; and
		(2)  the execution of a contract authorized by Section 
531.063, Government Code, as added by this Act, not later than 
September 1, 2004.
	SECTION 4.  This Act takes effect September 1, 2003.