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A04294
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2120
Session of
2019
INTRODUCED BY HENNESSEY, DECEMBER 12, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, DECEMBER 12, 2019
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in medical assistance,
further providing for nonemergency medical transportation
services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 443.12 of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, amended or
added June 22, 2018 (P.L.258, No.40), and June 28, 2019
(P.L.168, No.19), is amended to read:
Section 443.12. Nonemergency Medical Transportation
Services.--[(a) The department shall amend the Commonwealth's
State Plan under Title XIX of the Social Security Act (49 Stat.
620, 42 U.S.C. ยง 1396 et seq.) to provide nonemergency medical
transportation services to eligible and enrolled medical
assistance recipients utilizing a Statewide or regional [full-
risk brokerage] model.
(b) Subject to Federal approval of the amendments to the
Commonwealth's approved Title XIX State Plan, the department
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shall develop a proposal.
[(c) The department shall issue the solicitation for a
Statewide or regional full-risk brokerage model within one
hundred eighty days after the effective date of this subsection.
(d) The department may not enter into a contract with a
broker under subsection (b) prior to the completion of the
analysis required under subsection (e).]
(e) [Prior to the implementation of the full-risk brokerage
model, the] The department, in coordination with the Department
of Transportation and the Department of Aging, shall commission
an analysis that provides at a minimum the following:
(1) An analysis of current Federal and State law,
regulations and policies controlling the nonemergency medical
transportation and other human services transportation programs
administered in the Commonwealth, including the authorized
methods of delivery and limitations or restrictions imposed on
the methods of delivery.
(2) An analysis of the effectiveness and efficiency of the
current nonemergency transportation service delivery as it
relates to all human service programs in this Commonwealth.
(3) A review of other states' models of delivering
nonemergency medical and other human services transportation,
including the number of other states that utilize a full-risk
brokerage model and the effect a brokerage model has had on
public transit in those states.
(4) An analysis of the positive and negative impact of
maintaining the current transportation delivery model versus
implementing a full-risk brokerage model as it relates to the
State and local government entities, including financial impact.
(5) An analysis of the impact on consumers, including an
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increase or decrease in quality and service availability.
(f) The analysis under subsection (e) shall be completed no
later than one hundred eighty days from the effective date of
this subsection. A preliminary report of the analysis under
subsection (e) shall be completed no later than ninety days from
the effective date of this subsection. The analysis under
subsection (e) and the preliminary report under this subsection
shall be delivered to the following:
(1) The Secretary of Human Services.
(2) The Secretary of Aging.
(3) The Secretary of Transportation.
(4) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(5) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(6) The chairperson and minority chairperson of the Health
and Human Services Committee of the Senate.
(7) The chairperson and minority chairperson of the Health
Committee of the House of Representatives.
(g) A full-risk brokerage model may not be implemented until
legislation is enacted to do all of the following:
(1) Authorize a change in the implementation of nonemergency
medical transportation services.
(2) Transfer the function of implementing nonemergency
medical transportation services from the department to the
Department of Transportation. by the department.
Section 2. This act shall take effect immediately.
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