Florida Senate - 2019 CS for SB 302 By the Committee on Health Policy; and Senator Brandes 588-02478-19 2019302c1 1 A bill to be entitled 2 An act relating to nonemergency medical transportation 3 services; amending s. 316.87, F.S.; authorizing 4 Medicaid nonemergency transportation services to be 5 provided to a Medicaid recipient by certain 6 transportation network companies or transportation 7 brokers, subject to compliance with certain 8 requirements; requiring the Agency for Health Care 9 Administration to update certain regulations, 10 policies, or other guidance by a specified date; 11 providing that the requirements for transportation 12 network companies and transportation network company 13 drivers may not exceed specified requirements, except 14 as necessary to conform to federal Medicaid 15 transportation requirements administered by the 16 agency; providing construction; amending s. 401.25, 17 F.S.; authorizing a licensed basic life support or 18 licensed advanced life support ambulance service to 19 provide nonemergency Medicaid transportation in 20 permitted ambulances in any county at the request of a 21 certain eligible plan; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 316.87, Florida Statutes, is amended to 26 read: 27 316.87 Nonemergency medical transportation services.— 28 (1) To ensure the availability of nonemergency medical 29 transportation services throughout the state, a provider 30 licensed by the county or operating under a permit issued by the 31 county may not be required to use a vehicle that is larger than 32 needed to transport the number of persons being transported or 33 that is inconsistent with the medical condition of the 34 individuals receiving the nonemergency medical transportation 35 services. This subsection
sectiondoes not apply to the 36 procurement, contracting, or provision of paratransit 37 transportation services, directly or indirectly, by a county or 38 an authority, pursuant to the Americans with Disabilities Act of 39 1990, as amended. 40 (2)(a) Subject to compliance with any applicable state and 41 federal Medicaid requirements, a transportation network company 42 under contract with a Medicaid managed care plan, a 43 transportation broker under contract with a Medicaid managed 44 care plan, a transportation broker under direct contract with 45 the Agency for Health Care Administration, or a transportation 46 network company that receives referrals from a transportation 47 broker contracting with Medicaid managed care plans or the 48 Agency for Health Care Administration may provide Medicaid 49 nonemergency transportation services to a Medicaid recipient. 50 The Agency for Health Care Administration shall update any 51 regulations, policies, or other guidance, including the Non 52 Emergency Transportation Services Coverage Policy, as necessary 53 to reflect this authorization by October 1, 2019. Requirements 54 for transportation network companies and transportation network 55 company drivers may not exceed those imposed under s. 627.748, 56 except as necessary to conform to federal Medicaid 57 transportation requirements administered by the Agency for 58 Health Care Administration. 59 (b) This subsection may not be construed to expand or limit 60 the existing transportation benefit provided to Medicaid 61 recipients or to require a Medicaid managed care plan to 62 contract with a transportation network company or a 63 transportation broker. 64 Section 2. Subsection (8) is added to section 401.25, 65 Florida Statutes, to read: 66 401.25 Licensure as a basic life support or an advanced 67 life support service.— 68 (8) At the request of an eligible plan as defined in s. 69 409.962 which administers the nonemergency Medicaid 70 transportation benefit, the plan’s subcontracted transportation 71 broker, or a transportation broker that administers the 72 nonemergency Medicaid transportation benefit for the Agency for 73 Health Care Administration, a licensed basic life support or 74 licensed advanced life support ambulance service may provide 75 nonemergency Medicaid transportation in permitted ambulances in 76 any county without obtaining a certificate of public convenience 77 and necessity as required in paragraph (2)(d). 78 Section 3. This act shall take effect July 1, 2019.