Amend CSSB 8 (Senate committee printing) as follows:
(1) In SECTION 2 of the bill, in added Section 531.02115(c)(1), Government Code (page 2, between lines 38 and 39) insert paragraph (C) to read as follows:
(C) engaging in a marketing activity that has been submitted for review and obtained a notice of prior authorization from the commission under Subsection (d); or
(2) In SECTION 2 of the bill, strike added Section 531.02115(d), Government Code (page 2, lines 45 and 46) and substitute the following:
(d) The commission shall establish a process by which providers may submit proposed marketing activities for review and prior authorization to ensure that providers are in compliance with the requirements of this section and, if applicable, Section 533.008, or to determine whether the providers are exempt from a requirement of this section and, if applicable, Section 533.008. The commission may grant or deny a provider's request for authorization to engage in a proposed marketing activity.
(e) The executive commissioner shall adopt rules as necessary to implement this section, including rules relating to provider marketing activities that are exempt from the requirements of this section and, if applicable, Section 533.008.
(3) Strike SECTION 3 of the bill (page 2, line 47, through page 3, line 9) and substitute the following appropriately numbered SECTION:
SECTION ____. Section 531.02414, Government Code, is amended by amending Subsection (d) and adding Subsections (g) and (h) to read as follows:
(d) Subject to Section 533.00254, the [The] commission may contract with a public transportation provider, as defined by Section 461.002, Transportation Code, a private transportation provider, or a regional transportation broker for the provision of public transportation services, as defined by Section 461.002, Transportation Code, under the medical transportation program.
(g) The commission shall enter into a memorandum of understanding with the Texas Department of Motor Vehicles and the Texas Department of Public Safety for purposes of obtaining the motor vehicle registration and driver's license information of a provider of medical transportation services, including a regional contracted broker and a subcontractor of the broker, to confirm that the provider complies with applicable requirements adopted under Subsection (e).
(h) The commission shall establish a process by which providers of medical transportation services, including providers under a managed transportation delivery model, that contract with the commission may request and obtain the information described under Subsection (g) for purposes of ensuring that subcontractors providing medical transportation services meet applicable requirements adopted under Subsection (e).
(4) Strike SECTION 6 of the bill (page 3, lines 42-64) and substitute the following appropriately numbered SECTION:
SECTION ____. (a) Subchapter A, Chapter 533, Government Code, is amended by adding Section 533.00254 to read as follows:
Sec. 533.00254. DELIVERY OF MEDICAL TRANSPORTATION PROGRAM SERVICES. (a) In this section:
(1) "Managed transportation organization" means:
(A) a rural or urban transit district created under Chapter 458, Transportation Code;
(B) a public transportation provider defined by Section 461.002, Transportation Code;
(C) a regional contracted broker defined by Section 531.02414;
(D) a local private transportation provider approved by the commission to provide Medicaid nonemergency medical transportation services; or
(E) any other entity the commission determines meets the requirements of this section.
(2) "Medical transportation program" has the meaning assigned by Section 531.02414.
(3) "Transportation service area provider" means a for-profit or nonprofit entity that provides demand response, curb-to-curb, nonemergency transportation under the medical transportation program.
(b) Subject to Subsection (h), the commission shall provide medical transportation program services on a regional basis through a managed transportation delivery model using managed transportation organizations and providers, as appropriate, that:
(1) operate under a capitated rate system;
(2) assume financial responsibility under a full-risk model;
(3) operate a call center;
(4) use fixed routes when available and appropriate; and
(5) agree to provide data to the commission if the commission determines that the data is required to receive federal matching funds.
(c) The commission shall procure managed transportation organizations under the medical transportation program through a competitive bidding process.
(d) A managed transportation organization that participates in the medical transportation program must attempt to contract with medical transportation providers that:
(1) are considered significant traditional providers, as defined by rule by the executive commissioner;
(2) meet the minimum quality and efficiency measures required under Subsection (g) and other requirements that may be imposed by the managed transportation organization; and
(3) agree to accept the prevailing contract rate of the managed transportation organization.
(e) To the extent allowed under federal law, a managed transportation organization may own, operate, and maintain a fleet of vehicles or contract with an entity that owns, operates, and maintains a fleet of vehicles.
(f) The commission shall consider the ownership, operation, and maintenance of a fleet of vehicles by a managed transportation organization to be a related-party transaction for purposes of applying experience rebates, administrative costs, and other administrative controls determined by the commission.
(g) The commission shall require that managed transportation providers participating in the medical transportation program meet minimum quality and efficiency measures as determined by the commission.
(h) The commission may delay providing medical transportation program services through a managed transportation delivery model in areas of this state in which the commission on September 1, 2013, is operating a full-risk transportation broker model.
(b) The Health and Human Services Commission shall begin providing medical transportation program services through the delivery model required by Section 533.00254, Government Code, as added by this section, not later than September 1, 2014, subject to Section 533.00254(h), Government Code, as added by this section.