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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,
Be it enacted by the People of the State of Maine as follows:
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.
A. The MaineCare regional transportation system must use sole source contracts in each of the transportation regions established by the Department of Transportation pursuant to Title 23, section 4209, subsection 1. In each transportation region the department shall enter into a contract to manage and provide transportation to MaineCare members with at least one regional public transportation agency that had an agreement with the department on July 31, 2013 to provide MaineCare transportation services.
B. The contracts entered into under paragraph A must include the following terms.
(1) The transportation provided to a MaineCare member must be the most cost-effective and appropriate means of transportation to meet the needs of the MaineCare member.
(2) The transportation must be provided at no cost to the MaineCare member.
(3) The regional public transportation agency must establish and use a network of transportation providers, including but not limited to family and friends of MaineCare members, volunteer drivers, transit and paratransit vans, taxi companies and other community-based transportation providers.
(4) The regional public transportation agency must provide staff and resources sufficient to handle transportation request telephone calls during regular business hours for at least 8 hours every day.
(5) The regional public transportation agency must provide a high level of customer service, must be able to respond to calls from MaineCare members, must provide an adequate level of prompt service and must maintain accurate records in compliance with state and federal standards.
(6) The regional public transportation agency must meet the performance standards adopted by the department under subsection 2.
(7) The department must pay the regional public transportation agency a monthly contract fee based on the number of MaineCare members served, subject to adjustment for changed circumstances, including but not limited to fuel price increases, transportation use increases, material change in circumstances and other cost increases that are beyond the control of the regional public transportation agency.
(8) The regional public transportation agency must report data to the department in the format and on a schedule established by the department.
(9) The term of the contract must be one year, with the option of renewal for up to 3 years if the regional public transportation agency meets performance standards adopted under subsection 2 and complies in all other ways with the requirements of the contract.
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.