82R9088 EES-D
 
  By: Guillen H.B. No. 2136
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regional contracted brokers and subcontractors of
  regional contracted brokers providing Medicaid nonemergency
  medical transportation services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.02414, Government Code, is amended
  by amending Subsection (a) and adding Subsections (e) and (f) to
  read as follows:
         (a)  In this section:
               (1)  "Medical [, "medical] transportation program"
  means the program that provides nonemergency transportation
  services to and from covered health care services, based on medical
  necessity, to recipients under the Medicaid program, the children
  with special health care needs program, and the transportation for
  indigent cancer patients program, who have no other means of
  transportation.
               (2)  "Regional contracted broker" means an entity that
  contracts with the commission to provide or arrange for the
  provision of nonemergency transportation services under the
  medical transportation program.
         (e)  The executive commissioner shall adopt rules to ensure
  the safe and efficient provision of nonemergency transportation
  services under the medical transportation program by regional
  contracted brokers and subcontractors of regional contracted
  brokers.  The rules must include:
               (1)  minimum standards regarding the physical
  condition and maintenance of motor vehicles used to provide the
  services, including standards regarding the accessibility of motor
  vehicles by persons with disabilities;
               (2)  a requirement that a regional contracted broker
  verify that each motor vehicle operator providing the services or
  seeking to provide the services has a valid driver's license;
               (3)  a requirement that a regional contracted broker
  check the driving record information maintained by the Department
  of Public Safety under Subchapter C, Chapter 521, Transportation
  Code, of each motor vehicle operator providing the services or
  seeking to provide the services;
               (4)  a requirement that a regional contracted broker
  check the public criminal record information maintained by the
  Department of Public Safety and made available to the public
  through the department's Internet website of each motor vehicle
  operator providing the services or seeking to provide the services;
  and
               (5)  training requirements for motor vehicle operators
  providing the services through a regional contracted broker,
  including training on the following topics:
                     (A)  passenger safety;
                     (B)  passenger assistance;
                     (C)  assistive devices, including wheelchair
  lifts, tie-down equipment, and child safety seats;
                     (D)  sensitivity and diversity;
                     (E)  customer service;
                     (F)  defensive driving techniques; and
                     (G)  prohibited behavior by motor vehicle
  operators.
         (f)  The commission shall require compliance with the rules
  adopted under Subsection (e) in any contract entered into with a
  regional contracted broker to provide nonemergency transportation
  services under the medical transportation program.
         SECTION 2.  (a)  Not later than August 31, 2013, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules as required by Section 531.02414(e), Government Code,
  as added by this Act.
         (b)  The Health and Human Services Commission shall, in a
  contract between the commission and a regional contracted broker
  under Section 531.02414, Government Code, as amended by this Act,
  that is entered into or renewed on or after the date the rules
  required by that section take effect, require that the regional
  contracted broker comply with those rules.
         SECTION 3.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 4.  This Act takes effect September 1, 2011.