1.1.................... moves to amend H.F. No. 200 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 256B.04, subdivision 14a, is amended to
1.5    Subd. 14a. Level of need determination. Nonemergency medical transportation
1.6level of need determinations must be performed by a physician, a registered nurse
1.7working under direct supervision of a physician, a physician's assistant, a nurse
1.8practitioner, a licensed practical nurse, a county social worker, or a discharge planner on a
1.9form prescribed by the commissioner that is designed to determine medical assistance
1.10recipients' appropriate level of need for nonemergency medical transportation services.
1.11Nonemergency medical transportation level of need determinations must not be performed
1.12more than semiannually on any individual, unless the individual's circumstances have
1.13sufficiently changed so as to require a new level of need determination. Individuals
1.14residing in licensed nursing facilities are exempt from a level of need determination and
1.15are eligible for special transportation services until the individual no longer resides in a
1.16licensed nursing facility. If a person authorized by this subdivision to perform a level of
1.17need determination determines that an individual requires stretcher transportation, the
1.18individual is presumed to maintain that level of need until otherwise determined by a
1.19person authorized to perform a level of need determination, or for six months, whichever
1.20is sooner.

1.21    Sec. 2. Minnesota Statutes 2008, section 256B.0625, subdivision 17, is amended to
1.23    Subd. 17. Transportation costs. (a) Medical assistance covers transportation costs
1.24incurred solely for obtaining emergency medical care or transportation costs incurred
1.25by eligible persons in obtaining emergency or nonemergency medical care when paid
2.1directly to an ambulance company, common carrier, or other recognized providers of
2.2transportation services. Medical transportation must be provided by:
2.3(l) an ambulance, as defined in section 144E.001, subdivision 2;
2.4(2) Special Transportation Service, as defined in Minnesota Rules, part 9505.0315;
2.5(3) Access Transportation Service, as defined in Minnesota Rules, part 9505.0315; or
2.6(4) other common carrier, including, but not limited to, bus, taxicab, other
2.7commercial carrier, or private automobile.
2.8(b) Medical assistance covers special transportation, as defined in Minnesota Rules,
2.9part 9505.0315, subpart 1, item F, if the recipient has a physical or mental impairment that
2.10would prohibit the recipient from safely accessing and using a bus, taxi, other commercial
2.11transportation, or private automobile.
2.12The commissioner may use an order by the recipient's attending physician to shall
2.13certify that the recipient requires special transportation services by use of a level of need
2.14determination that meets the criteria specified in section 256B.04, subdivision l4a. Special
2.15transportation includes providers shall perform driver-assisted service to services for
2.16eligible individuals. Driver-assisted service includes passenger pickup at and return to the
2.17individual's residence or place of business, assistance with admittance of the individual to
2.18the medical facility, and assistance in passenger securement or in securing of wheelchairs
2.19or stretchers in the vehicle. Special transportation providers must obtain written
2.20documentation from the health care service provider who is serving the recipient being
2.21transported, identifying the time that the recipient arrived. Special transportation providers
2.22may not bill for separate base rates for the continuation of a trip beyond the original
2.23destination. Special transportation providers must take recipients to the nearest appropriate
2.24health care provider, using the most direct quickest route available as determined by a
2.25commercially available software program approved by the commissioner. The maximum
2.26minimum medical assistance reimbursement rates for special transportation services are:
2.27(1) $17 for the base rate and $1.35 per mile for services to eligible persons who
2.28need a wheelchair-accessible van;
2.29(2) $11.50 for the base rate and $1.30 per mile for services to eligible persons who
2.30do not need a wheelchair-accessible van; and
2.31(3) $60 for the base rate and $2.40 per mile, and an attendant rate of $9 per trip, for
2.32services to eligible persons who need a stretcher-accessible vehicle.
2.33(c) In addition to fulfilling all standards of the Minnesota Department of
2.34Transportation, special transportation providers seeking medical assistance reimbursement
2.35must meet the following requirements:
3.1(1) drivers must wear a uniform with easily identifiable company identification,
3.2and are subject to federal drug and alcohol testing in accordance with Code of Federal
3.3Regulations, part 383, subpart E; and
3.4(2) vehicles must be covered by commercial business auto insurance in an amount
3.5equal to or greater than $1,000,000 for a Combined Single Limit.
3.6(d) For purposes of this subdivision and subdivisions 17b and 17c, the following
3.7definitions apply:
3.8(1) "Medical transportation" means the transport of a recipient to obtain a covered
3.9service or the transport of a recipient after the covered service is provided.
3.10(2) "Special transportation" means nonemergency medical transportation to or
3.11from a covered service for a recipient who has a physical or mental impairment that
3.12prohibits the recipient from independently and safely accessing and using a bus, taxi, other
3.13commercial transportation, or private automobile. Special transportation must be provided
3.14by a Special Transportation Service, as defined in section 174.29, subdivision 1, that is, at
3.15a minimum, in compliance with Minnesota Rules, chapter 8840.
3.16(3) "Access Transportation Service" means nonemergency medical transportation
3.17to or from a covered service for a recipient who requires curb-to-curb or door-to-door
3.18transportation to be able to access their medical assistance services, and who is unable to
3.19do so by bus or private automobile.
3.20(e) The commissioner shall amend Minnesota Rules, part 9505.0315 to incorporate
3.21the changes specified in this act. The commissioner shall adopt these amendments as a
3.22good cause exemption under section 14.388, subdivision 1, clause (3), under which no
3.23interpretation of law is required.

3.24    Sec. 3. Minnesota Statutes 2008, section 256B.0625, is amended by adding a
3.25subdivision to read:
3.26    Subd. 17b. Access Transportation Services. Payment for Access Transportation
3.27Services, and the provision of these services, shall be coordinated by the Minnesota
3.28Non-Emergency Transportation (MNET) program in the 11-county metropolitan area.

3.29    Sec. 4. Minnesota Statutes 2008, section 256B.0625, is amended by adding a
3.30subdivision to read:
3.31    Subd. 17c. Broker dispatching prohibition. The commissioner shall not use a
3.32broker or coordinator to manage or dispatch special transportation services. The only role
3.33that the broker or coordinator may have with regard to special transportation services is
3.34the performance of level of need determinations."
3.35Amend the title accordingly