Florida Senate - 2019                                     SB 302
       By Senator Brandes
       24-00630-19                                            2019302__
    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 the Non-Emergency
   10         Transportation Services Coverage Policy by a specified
   11         date; providing that the requirements for
   12         transportation network companies and transportation
   13         network company drivers may not exceed specified
   14         requirements, except as necessary to conform to
   15         federal Medicaid transportation requirements
   16         administered by the agency; providing for
   17         construction; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 316.87, Florida Statutes, is amended to
   22  read:
   23         316.87 Nonemergency medical transportation services.—
   24         (1) To ensure the availability of nonemergency medical
   25  transportation services throughout the state, a provider
   26  licensed by the county or operating under a permit issued by the
   27  county may not be required to use a vehicle that is larger than
   28  needed to transport the number of persons being transported or
   29  that is inconsistent with the medical condition of the
   30  individuals receiving the nonemergency medical transportation
   31  services. This subsection section does not apply to the
   32  procurement, contracting, or provision of paratransit
   33  transportation services, directly or indirectly, by a county or
   34  an authority, pursuant to the Americans with Disabilities Act of
   35  1990, as amended.
   36         (2)(a) Subject to compliance with state and federal
   37  Medicaid requirements, a transportation network company under
   38  contract with a Medicaid managed care plan, a transportation
   39  broker under contract with a Medicaid managed care plan, or a
   40  transportation broker under direct contract with the Agency for
   41  Health Care Administration may provide Medicaid nonemergency
   42  transportation services to a Medicaid recipient. The Agency for
   43  Health Care Administration shall update the Non-Emergency
   44  Transportation Services Coverage Policy to reflect this
   45  authorization by October 1, 2019. Requirements for
   46  transportation network companies and transportation network
   47  company drivers may not exceed those imposed under s. 627.748,
   48  except as necessary to conform to federal Medicaid
   49  transportation requirements administered by the Agency for
   50  Health Care Administration.
   51         (b) This subsection may not be construed to expand or limit
   52  the existing transportation benefit provided to Medicaid
   53  recipients or to require a Medicaid managed care plan to
   54  contract with a transportation network company or a
   55  transportation broker.
   56         Section 2. This act shall take effect July 1, 2019.