§1257.5. Nonemergency medical transportation; transportation network companies

            A. The legislature hereby declares that transportation network companies are possible providers of services that protect and promote public health by facilitating access to primary care, pharmacy services, and other forms of health care that help people maintain and improve their health.

            B. If the department determines that transportation network providers can provide transportation services for Medicaid recipients in a safe, effective, and cost-efficient manner and in compliance with applicable federal Medicaid and Medicare requirements, any transportation network company that complies with rules promulgated pursuant to this Section may connect a driver to a rider through utilizing a Medicaid NEMT broker for the purpose of providing nonemergency medical transportation services within the state through the Louisiana Medicaid program.

            C.(1)(a) The department may promulgate rules and regulations as are necessary for the implementation of this Section. No transportation network company may provide Medicaid NEMT services prior to rules being promulgated by the department and demonstrating compliance with requirements established by the department through rules. Requirements imposed for companies and drivers to act as Medicaid transportation providers shall include requirements for enrollment and specifications for the vehicles used and any requirements that may be necessary to conform to applicable federal Medicaid transportation requirements administered by the department, bureau of health services financing.

            (b) No driver shall provide nonemergency medical transportation services to a Medicaid enrollee through a transportation network company's digital network prior to the completion of a criminal background check on that driver which comports with the requirements for such background checks provided in R.S. 40:1203.1 et seq. or R.S. 48:2199.

            (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the department shall require that, prior to facilitating nonemergency medical transportation services for Medicaid enrollees, a transportation network company be under contract with a transportation broker that is under contract with either of the following:

            (a) A Medicaid managed care organization as defined in R.S. 46:460.51.

            (b) The department.

            D. The provisions of R.S. 48:2205 shall apply to the regulation of companies, drivers, and vehicles facilitating or providing nonemergency medical transportation services as authorized in this Section.

            E. Nothing in this Section shall be construed to authorize a company or an individual to violate any provision of R.S. 40:1135.1.

            F. No ambulance, emergency medical response vehicle, or EMS practitioner as defined in R.S. 40:1131 shall be used for the purpose of providing nonemergency medical transportation services pursuant to this Section.

            Acts 2024, No. 677, §1.