Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/HB 411, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .            Floor: C            
             04/29/2019 11:00 AM       .      05/01/2019 04:26 PM       

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