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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