H.B. No. 2136

	AN ACT
	relating to regional contracted brokers and subcontractors of
	regional contracted brokers providing Medicaid nonemergency
	medical transportation services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 531.02414, Government Code, is amended
	by amending Subsection (a) and adding Subsections (e) and (f) to
	read as follows:
	(a)  In this section:
	(1)  "Medical [, "medical] transportation program"
	means the program that provides nonemergency transportation
	services to and from covered health care services, based on medical
	necessity, to recipients under the Medicaid program, the children
	with special health care needs program, and the transportation for
	indigent cancer patients program, who have no other means of
	transportation.
	(2)  "Regional contracted broker" means an entity that
	contracts with the commission to provide or arrange for the
	provision of nonemergency transportation services under the
	medical transportation program.
	(e)  The executive commissioner shall adopt rules to ensure
	the safe and efficient provision of nonemergency transportation
	services under the medical transportation program by regional
	contracted brokers and subcontractors of regional contracted
	brokers.  The rules must include:
	(1)  minimum standards regarding the physical
	condition and maintenance of motor vehicles used to provide the
	services, including standards regarding the accessibility of motor
	vehicles by persons with disabilities;
	(2)  a requirement that a regional contracted broker
	verify that each motor vehicle operator providing the services or
	seeking to provide the services has a valid driver's license;
	(3)  a requirement that a regional contracted broker
	check the driving record information maintained by the Department
	of Public Safety under Subchapter C, Chapter 521, Transportation
	Code, of each motor vehicle operator providing the services or
	seeking to provide the services;
	(4)  a requirement that a regional contracted broker
	check the public criminal record information maintained by the
	Department of Public Safety and made available to the public
	through the department's Internet website of each motor vehicle
	operator providing the services or seeking to provide the services;
	and
	(5)  training requirements for motor vehicle operators
	providing the services through a regional contracted broker,
	including training on the following topics:
	(A)  passenger safety;
	(B)  passenger assistance;
	(C)  assistive devices, including wheelchair
	lifts, tie-down equipment, and child safety seats;
	(D)  sensitivity and diversity;
	(E)  customer service;
	(F)  defensive driving techniques; and
	(G)  prohibited behavior by motor vehicle
	operators.
	(f)  The commission shall require compliance with the rules
	adopted under Subsection (e) in any contract entered into with a
	regional contracted broker to provide nonemergency transportation
	services under the medical transportation program.
	SECTION 2.  (a)  Not later than August 31, 2013, the
	executive commissioner of the Health and Human Services Commission
	shall adopt rules as required by Section 531.02414(e), Government
	Code, as added by this Act.
	(b)  The Health and Human Services Commission shall, in a
	contract between the commission and a regional contracted broker
	under Section 531.02414, Government Code, as amended by this Act,
	that is entered into or renewed on or after the date the rules
	required by that section take effect, require that the regional
	contracted broker comply with those rules.
	SECTION 3.  If before implementing any provision of this Act
	a state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 4.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2136 was passed by the House on May 5,
	2011, by the following vote:  Yeas 144, Nays 2, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2136 on May 25, 2011, by the following vote:  Yeas 139, Nays 0,
	3 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2136 was passed by the Senate, with
	amendments, on May 23, 2011, by the following vote:  Yeas 30, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor