| Chapter 259 |
| 2024 -- H 8217 SUBSTITUTE A Enacted 06/24/2024 |
| A N A C T |
| RELATING TO PUBLIC UTILITIES AND CARRIERS -- MOTOR PASSENGER CARRIERS -- NON-EMERGENCY MEDICAL TRANSPORTATION |
Introduced By: Representative Patricia A. Serpa |
| Date Introduced: May 01, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 39-13-1 of the General Laws in Chapter 39-13 entitled "Motor |
| Passenger Carriers" is hereby amended to read as follows: |
| 39-13-1. Definitions. |
| (a) “Coordinated paratransit services” means paratransit services coordinated by the |
| department of transportation, to be provided under a brokerage or other contractual model to |
| provide, promote, and coordinate new or existing paratransit operations to enable all state, |
| municipal, and private agencies access to appropriate paratransit services. For the purpose of this |
| chapter, non-emergency medical transportation as defined in § 39-14.3-1 shall not be considered to |
| be coordinated paratransit services. |
| (b) “Jitney” means and includes any motor bus or other public-service motor vehicle |
| operated in whole or in part upon any street or highway in such manner as to afford a means of |
| transportation similar to that afforded by a street railway company, by indiscriminately receiving |
| or discharging passengers; or running on a regular route or over any portion thereof; or between |
| fixed termini. |
| (c) “Paratransit services” means flexible transportation services provided on a demand- |
| responsive and advance-reservation basis, for any destination within the scope of a service program |
| provided by a state or municipal agency, the fee for which is determined pursuant to a contract |
| between the service provider and the state or municipal agency. Paratransit includes single or group |
| trips or trips made on a recurring basis such as for work, school, medical, nutrition, and sheltered |
| workshops. |
| (d) “Public-service motor vehicle” shall include all motor vehicles as defined in § 31-1-3, |
| used for the transportation of passengers for hire. |
| (e) “Transportation operator(s)” means an entity(ies) providing flexible transportation |
| services that are operated publicly or privately, and are distinct from conventional fixed-route, |
| fixed-schedule transit, and are generally operated with low-capacity vehicles that provide curb-to- |
| curb or door-to-door service that typically involves transportation of elderly, disabled, low-income, |
| or the otherwise transportation-dependent population. |
| SECTION 2. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND |
| CARRIERS" is hereby amended by adding thereto the following chapter: |
| CHAPTER 14.3 |
| NON-EMERGENCY MEDICAL TRANSPORTATION |
| 39-14.3-1. Definitions. |
| Terms used in this chapter shall be construed as follows, unless another meaning is |
| expressed or is clearly apparent from the language or context: |
| (1) "Certificate" means a certificate of operating authority issued to a non-emergency |
| medical transportation service provider. |
| (2) "Common carrier" means any person engaging in the business of providing for-hire |
| non-emergency medical transportation services as defined in this chapter. |
| (3) "Division" means the division of public utilities and carriers. |
| (4) "Driver" means any person operating a motor vehicle used to provide non-emergency |
| medical transportation services that the person owns or is operating with the expressed or implied |
| consent of the vehicle owner. |
| (5) "EOHHS" means the Rhode Island executive office of health and human services. |
| (6) "Non-emergency medical transportation" or "NEMT" means the transportation |
| program established to provide cost-effective NEMT services for individuals eligible for medical |
| assistance under the Medicaid State Plan who need access to health care healthcare services and |
| have no other means of transportation. The program is inclusive of the Elderly Transportation |
| Program (ETP) and monthly bus pass distribution for the TANF ("RI Works") program. It is a key |
| benefit of Medicaid defined under 42 C.F.R. 457.1206 and is frequently coordinated by state |
| agencies, departments, and authorities, including the executive office of health and human services |
| and the RIde program administered by the Rhode Island public transit authority, and may be |
| coordinated by a third-party scheduler contracted by such state agency, department, or authority. |
| For the purposes of this chapter, the coordination of transportation by medical facilities when |
| discharging patients/clients shall not be deemed NEMT. |
| (7) "Non-emergency medical vehicle" ("NEMT vehicle") means a vehicle operated under |
| the authority of a NEMT certificate holder in vehicles bearing "Public Service" registration plates |
| issued by the department of motor vehicles. |
| (8) "Passenger" means an individual being transported by a certificated carrier in |
| conformance with the provisions of this chapter. |
| (9) "Person" means and includes any individual, partnership, corporation, or other |
| association of individuals. |
| (10) "Public motor vehicle" and "PMV" and "public motor vehicle certificate of operating |
| authority" means the type of vehicle and operating certification process as defined in § 39-14.1-1. |
| (11) "RIPTA" means the Rhode Island public transit authority. |
| (12) "Special license" means a license, commonly referred to as a "hackney operator's |
| license," issued by the division of public utilities and carriers authorizing drivers to transport |
| passengers for compensation. |
| (13) "Taxicab" means every motor vehicle identified as such in § 39-14-1. |
| (14) "Third-party scheduler" means a vendor engaged by a state agency, department, or |
| authority to schedule and coordinate transportation services for clients of the agency, department, |
| or authority. |
| (15) "Vehicle" means a motor vehicle used to provide non-emergency medical |
| transportation services as defined in this chapter. |
| (16) "Vehicle markings" means markings required to be affixed to the outside of vehicles |
| identifying the vehicle as providing NEMT service. |
| (17) "Wheelchair-accessible vehicle" means a vehicle designed and equipped to allow the |
| transportation of a passenger who uses a wheelchair without requiring that passenger to be removed |
| from the wheelchair. |
| 39-14.3-2. Powers of division. |
| Every person owning or operating a motor vehicle engaged in providing non-emergency |
| medical transportation is declared a common carrier and subject to the jurisdiction of the division. |
| The division may prescribe any rules and regulations that it deems proper to ensure adequate, |
| economical, safe, and efficient service regulated under this chapter. Moreover, the executive office |
| of health and human services shall determine reasonable vehicle standards to ensure NEMT |
| vehicles are of satisfactory condition, age, and mileage to be used to transport NEMT passengers |
| in a safe, sanitary, and acceptable manner. |
| 39-14.3-3. Certificate required for NEMT operations. |
| (a) No person shall operate a vehicle in the provision of non-emergency medical |
| transportation in this state until the person shall have obtained an NEMT certificate of operating |
| authority from the division certifying that the applicant is fit, willing, and able to provide such |
| service to passengers. The certificate shall be issued only after submission to the division of a |
| written application for it, accompanied by a fee of one hundred twenty-five dollars ($125), and |
| after a public hearing has been conducted on the application. Certificates issued under this chapter |
| shall be renewed before the close of business on December 31 of each calendar year. The renewal |
| fee shall be one hundred dollars ($100) and shall be submitted with the renewal form. All revenues |
| received under this section shall be deposited as general revenues. |
| (b) Notwithstanding the provisions of subsection (a) of this section, the division shall have |
| the authority to automatically grant such a certificate to any applicant who has previously held a |
| public motor vehicle certificate, issued under § 39-14.1-3 ("PMV certificate"), and has utilized that |
| certificate solely to provide non-emergency medical transportation prior to the establishment of |
| this chapter. In such instances, the division may administratively convert such a PMV certificate to |
| an NEMT certificate without the need for an additional application fee to be paid or an application |
| hearing to be held. The division shall establish a mechanism for all such certificate conversion |
| requests to be made no later than August 1, 2024. Nothing in this subsection shall be construed to |
| mean that such converted certificates are exempt from the annual renewal process listed in |
| subsection (a) of this section. |
| (c) Non-emergency medical transportation services provided by RIPTA and by licensed |
| ambulance companies shall be exempt from this chapter. |
| (d) Taxicab companies certificated and authorized by the division under chapter 14 of title |
| 39 shall be permitted to provide non-emergency medical transportation services without the need |
| to apply for an NEMT certificate as required in subsection (a) of this section; provided, however, |
| that taxicabs shall not provide services beyond the authority conferred through its division-issued |
| certificate of public convenience and the requirements set forth in chapter 14 of this title 39. |
| (e) Transportation network companies authorized by the division under chapter 14.2 of this |
| title 39 shall be exempt from this chapter, provided, that non-emergency medical transportation |
| conducted by such companies shall be provided in accordance with policies established by EOHHS. |
| (f) No for-hire transportation services authorized by the division under chapters chapter |
| 13 or 14.1 of this title 39 shall be authorized to provide non-emergency medical transportation |
| services, without first having obtained an NEMT certificate as required in subsection (a) of this |
| section. |
| 39-14.3-4. Hearing on application. |
| Upon receipt of an application for new authority, the division shall, within a reasonable |
| time, set the time and place for the required hearing. Notice of the hearing shall be given by first- |
| class mail to the applicant and shall be published on the division's agency website. Following the |
| hearing, the administrator of the division shall issue a decision granting or denying the application |
| as soon as practicable. |
| 39-14.3-5. Safety and sanitary condition of vehicles - Inspection and suitability. |
| The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety, |
| and sanitary condition of all vehicles utilized to provide non-emergency medical transportation and |
| shall cause an inspection of it to be made before registering it, and from time to time thereafter, as |
| it shall deem necessary for the convenience, protection, and safety of passengers and of the public. |
| The division of motor vehicles shall establish a reasonable fee to be paid for each annual inspection. |
| Moreover, the executive office of health and human services shall ensure that the vehicles are of |
| satisfactory condition, age, and mileage to be used to transport NEMT passengers in a safe, sanitary, |
| and acceptable manner. |
| 39-14.3-6. Registration and vehicle markings. |
| (a) Every vehicle engaged in non-emergency medical transportation shall be appropriately |
| registered with the division of motor vehicles to be operated on the roadways of the state. Moreover, |
| before being used to transport passengers, certificate holders shall register each vehicle with the |
| division on a form that lists vehicle year, make, model, and license plate number. |
| (b) Every vehicle used to provide non-emergency medical transportation services shall bear |
| markings on the outside of the vehicle identifying it as authorized to provide such services. Such |
| markings shall make it clearly identifiable as an NEMT vehicle and shall list the NEMT certificate |
| number issued by the division. The division shall, in conjunction with EOHHS and all other state |
| agencies that contract for NEMT services on behalf of passengers, establish reasonable guidelines |
| for such vehicle markings. |
| 39-14.3-7. Drivers - General requirements. |
| No person shall operate an NEMT vehicle for compensation upon the public highways |
| until the person shall have first obtained an operator's license as provided for in chapter 10 of title |
| 31. Provided, further, no person shall operate an NEMT vehicle upon the highways until the person |
| shall have first obtained a special license from the division under any rules and regulations that the |
| division shall have established in accordance with § 3-14-2039-14-20 and § 39-14.1-8. Nothing in |
| this section shall prohibit the executive office of health and human services from requiring |
| additional vetting and/or training of NEMT drivers. |
| 39-14.3-8. Proof of financial responsibility. |
| The owner of any NEMT vehicle operating under this chapter shall file with the division a |
| certificate of insurance issued by an insurance company authorized to transact business in this state, |
| showing that the owner has a policy insuring the NEMT certificate holder against liability for injury |
| to person and damage to property that may be caused by the operation of the NEMT vehicle, which |
| policy shall provide for the indemnity in the sum of not less than one million five hundred thousand |
| dollars ($1,500,000) for personal injury and indemnity of not less than one hundred thousand |
| dollars ($100,000) for damage to property. Such proof of financial responsibility shall be |
| resubmitted annually when the NEMT certificate is renewed in accordance with § 39-14.3-3 (a). |
| 39-14.3-9. Penalty for violations - General. |
| (a) Any person, firm, or corporation, subject to the provisions of this chapter and/or any |
| rules and regulations promulgated under it, who shall knowingly or willfully cause to be done any |
| act prohibited by this chapter, or who shall be guilty of any violation of this chapter or the rules |
| and regulations shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to |
| a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not exceeding one |
| year, or both for each offense. |
| (b) The administrator of the division may, in their discretion, in lieu of seeking criminal |
| sanctions, and/or in lieu of revoking or suspending the carrier's operating authority as conferred |
| under this chapter, impose upon its regulated common carriers an administrative civil penalty |
| ("fine"). This fine shall not exceed one thousand dollars ($1,000) per violation under this chapter |
| or the division's rules and regulations promulgated under this chapter. |
| SECTION 43. This act shall take effect on August 1, 2024. |
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| LC005945/SUB A/2 |
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