An Act To Provide a More Efficient and Reliable System of Nonemergency Transportation for MaineCare Members

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the current nonemergency transportation system provided for MaineCare members, referred to as the brokerage system, which became operational on August 1, 2013, is deficient and ineffective and provides a very poor level of service to MaineCare members; and

Whereas,  thousands of MaineCare members have been unable to access medically necessary health care services and other MaineCare services since the brokerage system went into operation, thereby endangering their health and lives; and

Whereas,  the Legislature finds that the current nonemergency transportation system is performing at such a low level that a new system is needed to serve the people of Maine; and

Whereas,  this legislation, which provides for the implementation of a new nonemergency transportation system for MaineCare members, must take effect as soon as possible; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. Nonemergency transportation for MaineCare members. Within 30 days of the effective date of this Act, the Department of Health and Human Services, referred to in this Act as "the department," shall in accordance with this section contract with regional public transportation agencies, as described in the Maine Revised Statutes, Title 23, section 4209, subsection 1, and implement a new system of providing nonemergency transportation services for MaineCare members, referred to in this Act as "the MaineCare regional transportation system," to replace the current brokerage system.

1. Procedure and structure. The MaineCare regional transportation system must meet the following requirements.

2. Performance standards. The department shall adopt performance standards that ensure that regional public transportation agencies provide efficient and effective transportation services to MaineCare members so that the members may obtain the MaineCare services to which they are entitled, that are appropriate for the different geographic regions of the State and the differing needs of MaineCare members and that meet the requirements of this section.

3. Termination. If the department determines that a regional public transportation agency has not met the terms of a contract entered into under this section, the department shall terminate the contract upon the provision of 60 days' notice to the regional public transportation agency.

Sec. 2. Transition period. The department shall provide a transition period during the first 90 days of a contract for MaineCare transportation services entered into pursuant to this Act. During the transition period, a regional public transportation agency must fully perform the duties under the contract, including data collection, except that the agency's reporting of data to the department must be suspended until the end of the first 90 days of operation under the contract.

Sec. 3. Federal Medicaid waiver and approval. The department shall apply to the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services by April 1, 2014 for all necessary Medicaid waiver and state plan amendment approvals to allow the department to terminate the current brokerage system and to design and implement the MaineCare regional transportation system in a manner that is consistent with the provisions of this Act.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill requires the Department of Health and Human Services to implement a new system to contract for and provide nonemergency transportation for MaineCare members within 30 days after the effective date of the bill. The bill requires the new system to use sole source contracts with regional public transportation agencies that had agreements on July 31, 2013 to provide MaineCare transportation services. The bill provides specific requirements for the contracts, requires the department to adopt performance standards and allows termination of contracts if the department determines that a regional public transportation agency has not met its contractual obligations. The bill requires one-year contracts that are renewable for up to 3 years. The bill provides a transition period during which regional public transportation agencies are not required to submit data to the department. The bill requires the department to apply to the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services by April 1, 2014 for all necessary Medicaid waiver and state plan amendment approvals.