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 section does 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.