By: Janek S.B. No. 314
(In the Senate - Filed January 29, 2003; February 6, 2003,
read first time and referred to Committee on Health and Human
Services; March 6, 2003, reported favorably by the following vote:
Yeas 5, Nays 2; March 6, 2003, sent to printer.)
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.
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