SB 2613 — Nonemergency transportation providers; extend date by which providers may provide service without a permit.

2613 (As Sent to Governor) AN ACT TO AMEND SECTION 41-55-71, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE BY WHICH AN ENTITY PROVIDING NONEMERGENCY TRANSPORTATION SERVICES MAY CONTINUE TO PROVIDE SUCH SERVICES WITHOUT FIRST RECEIVING A PERMIT FROM THE DEPARTMENT OF HEALTH;

TO PROVIDE THAT NEMT PROVIDERS THAT ARE MEDICAID PROVIDERS UNDER CONTRACT WITH AN NEMT TRANSPORTATION BROKER PROVIDING SERVICES FOR THE DIVISION OF MEDICAID SHALL NOT BE REQUIRED TO HAVE A PERMIT FROM THE DEPARTMENT TO PROVIDE NEMT TRANSPORTATION SERVICES UNDER CERTAIN CIRCUMSTANCES;

Any company with a current accreditationS. from the Nonemergency Medical Transportation Accreditation Commission (NEMTAC) is deemed to be a NEMT provider.

S.

2613 *SS08/R783**SS26/R783SG* ~ OFFICIAL ~ G1/2 23/SS08/R78323/SS26/R783SG PAGE 1 (scm\tb)accreditation (c)from "NEMTthe transportationNonemergency service"Medical meansTransportation motorAccreditation vehicleCommission transportation(NEMTAC) provided on a regular basis by a public or private entity or person that is designeddeemed exclusively or primarily to servebe individualsa whoNEMT areprovider. elderly or disabled and who are unable to use regular means of transportation but do not require ambulance service.

This(c) term"NEMT alsotransportation service" means thosemotor nonemergencyvehicle medical transportation servicesprovided thaton area providedregular underbasis theby Medicaida nonemergencypublic transportationor programprivate entity or byperson managedthat careis providersdesigned thatexclusively haveor contractedprimarily withto theserve Divisionindividuals who are elderly or disabled and who are unable to use regular means of Medicaid.transportation but do not require ambulance service.

This term also means those nonemergency medical transportation services that are provided under the Medicaid nonemergency transportation program or by managed care providers that have contracted with the Division of Medicaid, except for those that are exempt from the permitting requirement of this section under subsection (8).

(a) Qualifications of drivers and attendants, including driver training requirements that must be met before a driver provides special transportation, including, but not limited to:

(i) Fingerprint background check;

(ii) Annual criminal background checks, including sex offender registry;

2613 *SS08/R783**SS26/R783SG* ~ OFFICIAL ~ 23/SS08/R78323/SS26/R783SG PAGE 2(scm\tb)2 (iii)(a) AnnualQualifications motorof vehicledrivers recordsand (MVR)attendants, checksincluding fromdriver thetraining Departmentrequirements ofthat Publicmust Safety;be met before a driver provides special transportation, including, but not limited to:

(i) Fingerprint background check;

(ii) Annual criminal background checks, including sex offender registry;

(iii) Annual motor vehicle records (MVR) checks from the Department of Public Safety;

(6)S. The department is authorized to revoke the permit of, or impose fines on, any NEMT provider that is found to be not in compliance with the requirements and standards set by the department for providing NEMT transportation services.

(7) The department is authorized to bring actions for injunctions in the name of the department to enjoin and prohibit S.

2613 *SS08/R783**SS26/R783SG* ~ OFFICIAL ~ 23/SS08/R78323/SS26/R783SG PAGE 3(scm\tb)3 any(6) personThe department is authorized to revoke the permit of, or entityimpose fromfines providingon, any NEMT transportationprovider servicethat inis thefound stateto withoutbe havingnot ain current,compliance validwith permitthe fromrequirements theand departmentstandards exceptset asby otherwisethe provideddepartment infor thisproviding section.NEMT transportation services.

(8)(7) AnyThe publicdepartment entityis orauthorized privateto entitybring actions for injunctions in the businessname of providingthe nonemergencydepartment medicalto transportationenjoin servicesand mayprohibit continueany toperson provideor suchentity servicesfrom withoutproviding firstNEMT receivingtransportation aservice permitin untilthe Julystate 1,without *having *a *current, 2024,valid providedpermit thatfrom itthe compliesdepartment withexcept theas otherotherwise provisionsprovided ofin this sectionsection. and the rules set by the department.

(8) An NEMT provider that is a Medicaid provider under contract with an NEMT transportation broker providing services for the Division of Medicaid shall not be required to have a permit from the department to provide NEMT transportation services if (a) the broker periodically inspects the transport drivers for the NEMT provider and the vehicles used by the transport drivers for compliance with the standards prescribed in subsection (4) of this section and any additional standards adopted by the department under subsection (3) of this section, and (b) the NEMT broker determines that the drivers and vehicles are in compliance with those standards and certifies such compliance with the department.

The department shall not make its own inspection of any drivers and vehicles that have been certified by an NEMT broker as provided in this subsection.

Any NEMT provider that is exempt from the permitting requirement under this subsection shall be required to register with the department.

S.

B.

No.

2613 *SS26/R783SG* ~ OFFICIAL ~ 23/SS26/R783SG PAGE 4 ( * * *9) Any public entity or private entity in the business of providing nonemergency medical transportation services may continue to provide such services without first receiving a permit until July 1, * * * 2024, provided that it complies with the other provisions of this section and the rules set by the department.

2613 *SS08/R783**SS26/R783SG* ~ OFFICIAL ~ 23/SS08/R78323/SS26/R783SG ST:

PAGE 4(scm\tb)5 extend date by which providers may provide service without a permit.