Senate Bill 2739

(As Sent to Governor)

AN ACT TO REQUIRE NONEMERGENCY MEDICAL TRANSPORTATION (NEMT) PROVIDERS TO HAVE A PERMIT FROM THE STATE DEPARTMENT OF HEALTH BEFORE THEY MAY PROVIDE NEMT TRANSPORTATION SERVICES IN MISSISSIPPI; TO REQUIRE THE DEPARTMENT TO ADOPT RULES PROVIDING FOR APPLICATIONS FOR PERMITS, ISSUANCE OF PERMITS, RENEWAL OF PERMITS AND REVOCATION OF PERMITS, AND AUTHORIZE THE DEPARTMENT TO PROVIDE FOR THE PAYMENT OF FEES FOR THE ISSUANCE AND RENEWAL OF PERMITS; TO REQUIRE THE DEPARTMENT TO ADOPT STANDARDS FOR THE OPERATION OF VEHICLES USED TO PROVIDE NEMT TRANSPORTATION SERVICE, AND SPECIFY THE MINIMUM STANDARDS THAT MUST BE ADOPTED; TO PROVIDE THAT NEMT PROVIDERS MUST MEET ALL THE REQUIREMENTS AND STANDARDS SET BY THE DEPARTMENT FOR PROVIDING NEMT TRANSPORTATION SERVICES; TO AUTHORIZE THE DEPARTMENT 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; TO AUTHORIZE THE DEPARTMENT TO BRING ACTIONS FOR INJUNCTIONS TO ENJOIN AND PROHIBIT ANY PERSON OR ENTITY FROM PROVIDING NEMT TRANSPORTATION SERVICES IN THE STATE WITHOUT HAVING A PERMIT FROM THE DEPARTMENT; TO PROVIDE THAT 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, 2023, PROVIDED THAT IT COMPLIES WITH THE OTHER PROVISIONS OF THIS ACT AND THE RULES SET BY THE DEPARTMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (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 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 a NEMT provider.

(c) "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 elderly or disabled and who are unable to use regular means of 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.

(2) The department shall adopt rules providing for applications for permits, issuance of permits, renewal of permits and revocation of permits, 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 service 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) A NEMT provider must meet all the requirements and standards set by the department for 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 service in the state without having a current, valid permit from the department except as otherwise provided in this act.

(8) 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, 2023, provided that it complies with the other provisions of this act and the rules set by the department.

After July 1, 2023, each nonemergency medical transportation provider must have a NEMT permit from the department before it may provide NEMT transportation services in Mississippi.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.