Florida Senate - 2019 CS for CS for SB 302 By the Committees on Rules; and Health Policy; and Senator Brandes 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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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
sectiondoes 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, 42 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.