1.1 	A bill for an act
1.2 	relating to human services; specifying criteria for coverage of medical assistance 
1.3 	special transportation services; increasing special transportation reimbursement 
1.4 	rates; extending the prohibition on the use of brokers or coordinators to manage 
1.5 	special transportation services;amending Minnesota Statutes 2005 Supplement, 
1.6 	section 256B.0625, subdivision 17;  Laws 2003, First Special Session chapter 
1.7 	14, article 12, section 93, as amended.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2005 Supplement, section 256B.0625, subdivision 17, 
1.10 	is amended to read:
1.11 		Subd. 17.Transportation costs. (a) Medical assistance covers transportation costs 
1.12 	incurred solely for obtaining emergency medical care or transportation costs incurred 
1.13 	by eligible persons in obtaining emergency or nonemergency medical care when paid 
1.14 	directly to an ambulance company, common carrier, or other recognized providers of 
1.15 	transportation services.
1.16 	(b) Medical assistance covers special transportation, as defined in Minnesota Rules, 
1.17 	part 9505.0315, subpart 1, item F, if the recipient has a physical or mental impairment that 
1.18 	would prohibit the recipient from safely accessing and using a bus, taxi, other commercial 
1.19 	transportation, or private automobile. For purposes of this requirement, a recipient has a 
1.20 	physical or mental impairment that would prohibit the recipient from safely accessing and 
1.21 	using a bus, taxi, other commercial transportation, or private automobile if the recipient:
1.22 	(1) lacks the upper body strength, lower body strength, or coordination to safely 
1.23 	transfer from a wheelchair and position and secure their body in a prone or seated position 
1.24 	in a vehicle; or
2.1 	(2) is unable to safely walk or self-propel a wheelchair from the recipient's residence 
2.2 	to a vehicle and from the vehicle through the outside door of the medical facility to the 
2.3 	medical appointment.
2.4 	The commissioner may use an order by the recipient's attending physician to certify that 
2.5 	the recipient requires special transportation services. Special transportation includes 
2.6 	driver-assisted service to eligible individuals, including, but not limited to, residents 
2.7 	of a skilled nursing facility and individuals being discharged from a hospital to a 
2.8 	skilled nursing facility. Driver-assisted service includes passenger pickup at and return 
2.9 	to the individual's residence or place of business, assistance with admittance of the 
2.10 	individual to the medical facility, and assistance in passenger securement or in securing 
2.11 	of wheelchairs or stretchers in the vehicle. Special transportation providers must obtain 
2.12 	written documentation from the health care service provider who is serving the recipient 
2.13 	being transported, identifying the time that the recipient arrived. Special transportation 
2.14 	providers may not bill for separate base rates for the continuation of a trip beyond the 
2.15 	original destination. Special transportation providers must take recipients to the nearest 
2.16 	appropriate health care provider, using the most direct quickest route available. The 
2.17 	maximum medical assistance reimbursement rates for special transportation services are:
2.18 	(1) $17 $18 for the base rate and $1.35 $1.85 per mile for services to eligible persons 
2.19 	who need a wheelchair-accessible van;
2.20 	(2) $11.50 $11.75 for the base rate and $1.30 $1.35 per mile for services to eligible 
2.21 	persons who do not need a wheelchair-accessible van; and
2.22 	(3) $60 for the base rate and $2.40 per mile, and an attendant rate of $9 per trip, for 
2.23 	services to eligible persons who need a stretcher-accessible vehicle.

2.24 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.25 	Sec. 2. Laws 2003, First Special Session chapter 14,  article 12, section 93, as amended 
2.26 	by Laws 2005, First Special Session chapter 4, article 8, section 80, is amended to read:
2.27 	Sec. 93.  REVIEW OF SPECIAL TRANSPORTATION ELIGIBILITY  
2.28 	CRITERIA AND POTENTIAL COST SAVINGS.
2.29 	
2.30 	The commissioner of human services, in consultation with  the commissioner of 
2.31 	transportation and special transportation  service providers, shall review eligibility criteria 
2.32 	for medical  assistance special transportation services and shall evaluate  whether the level 
2.33 	of special transportation services provided  should be based on the degree of impairment of 
3.1 	the client, as  well as the medical diagnosis.  The commissioner shall also  evaluate methods 
3.2 	for reducing the cost of special transportation  services, including, but not limited to:  
3.3 	
3.4 	(1) requiring providers to maintain a daily log book  confirming delivery of clients to 
3.5 	medical facilities;  
3.6 	
3.7 	(2) requiring providers to implement commercially available  computer mapping 
3.8 	programs to calculate mileage for purposes of  reimbursement;  
3.9 	
3.10 	(3) restricting special transportation service from being  provided solely for trips 
3.11 	to pharmacies;  
3.12 	
3.13 	(4) modifying eligibility for special transportation;  
3.14 	
3.15 	(5) expanding alternatives to the use of special  transportation services;  
3.16 	
3.17 	(6) improving the process of certifying persons as eligible  for special transportation 
3.18 	services; and  
3.19 	
3.20 	(7) examining the feasibility and benefits of licensing  special transportation 
3.21 	providers.  
3.22 	
3.23 	The commissioner shall present recommendations for changes  in the eligibility 
3.24 	criteria and potential cost-savings for  special transportation services to the chairs and 
3.25 	ranking  minority members of the house and senate committees having  jurisdiction over 
3.26 	health and human services spending by January  15, 2004.  The commissioner is prohibited 
3.27 	from using a broker or  coordinator to manage special transportation services until July  
3.28 	1,  2006 2009, except for the purposes of checking for recipient  eligibility, authorizing 
3.29 	recipients for appropriate level of  transportation, and monitoring provider compliance 
3.30 	with  Minnesota Statutes, section 256B.0625, subdivision 17.  The  commissioner shall not 
3.31 	amend the initial contract to broker or  manage nonemergency medical transportation to 
3.32 	extend beyond two  consecutive years.  The commissioner shall not enter into a  broker 
3.33 	or management contract for transportation services which  denies a medical assistance 
3.34 	recipient the free choice of health  service provider, including a special transportation 
3.35 	provider,  as specified in Code of Federal Regulations, title 42, section  431.51.  This 
3.36 	prohibition does not apply also applies to the purchase or  management of common carrier 
4.1 	transportation. The commissioner of human services is prohibited from using a broker or 
4.2 	coordinator to manage common carrier transportation services until July 1, 2009, except 
4.3 	for the purposes of checking for recipient eligibility, authorizing recipients for appropriate 
4.4 	level of transportation, and monitoring provider compliance with Minnesota Statutes, 
4.5 	section 256B.0625, subdivision l7.
4.6 	
4.7 	EFFECTIVE DATE. This section is effective the day  following final enactment
4.8 	July 1, 2006.