Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS/HB 411, 1st Eng. Ì319712"Î319712 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/29/2019 11:00 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment (with title amendment) 2 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
sectiondoes 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, 30 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. 57 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.