MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Health and Human Services
By: Representative Yancey
AN ACT TO AMEND SECTION 41-55-71, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "NONEMERGENCY MEDICAL TRANSPORTATION (NEMT)" AS USED IN THE STATUTE REQUIRING VEHICLE PERMITS AND ESTABLISHING STANDARDS FOR NONEMERGENCY MEDICAL TRANSPORTATION SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-55-71, Mississippi Code of 1972, is amended as follows:
41-55-71. (1) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Department" means the State Department of Health.
(b) "Nonemergency medical transportation" or "NEMT" means transportation services provided to an individual who is not experiencing an emergency or in need of an ambulance for transportation or transfer but does have a transportation need related to a covered health benefit.
(c)
"Nonemergency medical transportation provider" or "NEMT
provider" means any company in the business of providing NEMT
transportation services for compensation and any person, group of persons or
entity that provides NEMT transportation services for compensation. Any
company with a current accreditation from the Nonemergency Medical
Transportation Accreditation Commission (NEMTAC) is deemed to be * * * an NEMT provider.
( * * *d) "NEMT transportation
service" means motor vehicle transportation provided on a regular basis by
a public or private entity or person that is designed exclusively or primarily
to serve individuals who are * * * physically
or mentally unable to use regular means of transportation but do not
require ambulance service. This term * * * includes 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) or (9).
(2) The State Department of Health (department) shall adopt rules providing for applications for permits, issuance of permits, renewal of permits and revocation of permits for vehicles used to provide NEMT services, and the department may provide for the payment of fees for the issuance and renewal of permits.
(3) The department shall adopt by rule standards for the operation of vehicles used to provide NEMT transportation services that are reasonably necessary to protect the health and safety of individuals using that service.
(4) Standards adopted under this section must include, but are not limited to:
(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;
(iii) Annual motor vehicle records (MVR) checks from the Department of Public Safety;
(iv) Drug screens;
(v) Regular confirmation that the driver does not appear on the Office of Inspector General (OIG) exclusion lists;
(vi) For drivers, appropriate training for the mode of transportation being provided;
(b) Safety of vehicles and necessary safety equipment;
(c) General requirements concerning inspection and maintenance of vehicles, replacement vehicles, standard vehicle equipment, and specialized equipment necessary to ensure vehicle usability and safety for disabled persons; and
(d) Minimum insurance requirements.
(5) * * * An NEMT provider must meet all the
requirements and standards set by the department * * * if providing NEMT transportation
services. NEMT providers are required to have on hand at a location in the
state and be able to produce upon request the necessary documentation to prove
compliance with the requirements and standards set by the department as
provided in this section.
(6) 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 any person or entity from providing NEMT transportation services in the state without having a current, valid permit from the department except as otherwise provided in this section.
(8) An NEMT provider that
is a Medicaid provider under contract with an NEMT transportation broker
providing NEMT 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.
(9) * * *
Regular
transportation, meaning nonemergency transportation provided to individuals who
qualify for NEMT transportation services under a plan but who are ambulatory
and need minimal assistance, is exempt from the requirements in this section if
the transportation is provided by a Transportation Network Company licensed
under Section 77-8-5 or a contract carrier by motor vehicle permitted under
Section 77-7-49 operating under a contract with a public or private entity,
including Medicaid, for purposes of providing nonemergency transportation to
ambulatory individuals.
(10) This section does not preclude an NEMT provider from using a permitted vehicle to provide services to ambulatory individuals.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.