Florida Senate - 2019                       CS for CS for SB 302
       By the Committees on Rules; and Health Policy; and Senator
       595-04845-19                                           2019302c2
    1                        A bill to be entitled                      
    2         An act relating to nonemergency medical transportation
    3         services; amending s. 316.87, F.S.; authorizing
    4         certain transportation network companies to provide
    5         nonemergency medical transportation services to a
    6         Medicaid recipient under certain circumstances;
    7         requiring the Agency for Health Care Administration to
    8         update its regulations, policies, or other guidance by
    9         a specified date to reflect such authorization;
   10         providing limitations on requirements for
   11         transportation network companies and transportation
   12         network company drivers; providing construction;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 316.87, Florida Statutes, is amended to
   18  read:
   19         316.87 Nonemergency medical transportation services.—
   20         (1) To ensure the availability of nonemergency medical
   21  transportation services throughout the state, a provider
   22  licensed by the county or operating under a permit issued by the
   23  county may not be required to use a vehicle that is larger than
   24  needed to transport the number of persons being transported or
   25  that is inconsistent with the medical condition of the
   26  individuals receiving the nonemergency medical transportation
   27  services. This subsection section does not apply to the
   28  procurement, contracting, or provision of paratransit
   29  transportation services, directly or indirectly, by a county or
   30  an authority, pursuant to the Americans with Disabilities Act of
   31  1990, as amended.
   32         (2) Subject to compliance with state and federal Medicaid
   33  requirements, a transportation network company that:
   34         (a) Is under contract with a Medicaid managed care plan;
   35         (b) Is under contract with a transportation broker under
   36  contract with a Medicaid managed care plan;
   37         (c) Is under contract with a transportation broker under
   38  contract with the Agency for Health Care Administration; or
   39         (d) Receives referrals from a transportation broker under
   40  contract with a Medicaid managed care plan or the Agency for
   41  Health Care Administration,
   43  may provide nonemergency medical transportation services under
   44  ss. 409.905 and 409.973 to a Medicaid recipient if all drivers
   45  and prospective drivers are screened pursuant to the procedures
   46  set forth in s. 435.03 or functionally equivalent procedures, as
   47  determined by the Agency for Health Care Administration. By
   48  October 1, 2019, the Agency for Health Care Administration shall
   49  update its regulations, policies, or other guidance, including
   50  its Medicaid Non-Emergency Transportation Services Coverage
   51  Policy, as necessary, to reflect this authorization.
   52  Requirements for transportation network companies and
   53  transportation network company drivers may not exceed those
   54  imposed under s. 627.748, except as necessary to conform to
   55  other applicable state and federal Medicaid transportation
   56  requirements administered by the Agency for Health Care
   57  Administration.
   58         (3) Subsection (2) may not be construed to:
   59         (a) Expand or limit the transportation benefits provided to
   60  Medicaid recipients or to require a Medicaid managed care plan
   61  to contract with a transportation network company or
   62  transportation broker.
   63         (b) Exempt any person, firm, corporation, association, or
   64  governmental entity that engages in the business or service of
   65  providing advanced life support or basic life support
   66  transportation services from the licensure requirements provided
   67  in s. 401.25.
   68         Section 2. This act shall take effect July 1, 2019.