Current through Register 1533, October 25, 2024
Section 419.411 - Transportation Services(A)Transportation Service. Transportation service provides for transporting members from the member's home to the DH provider (for the provision of DH services) or from the DH provider to the member's home, including assisting the member while entering and exiting the vehicle, as appropriate. For the purposes of 130 CMR 419.411, a home includes any residential service locations, as well as private dwellings.(B)Provision of Transportation.(1) DH providers may provide transportation service as defined at 130 CMR 419.411(A) either directly or through a subcontractor.(2) The transportation plan must be documented in the member's record.(C)Rates of Payment. The MassHealth agency pays DH providers for transportation in accordance with the applicable payment methodology and rate schedule established by EOHHS.(D)Other Requirements. The DH provider must ensure that all transportation provided by the DH program or its subcontractor meets the following criteria:(1) All vehicles used for transporting members are licensed by the Massachusetts Registry of Motor Vehicles;(2) The operation of these vehicles is in accordance with all local, state, and federal statutes and ordinances; and(3) Any driver of these vehicles must(a) possess a valid Massachusetts driver's license;(b) have met the criteria for new employees outlined in 130 CMR 419.421(A);(c) not operate any vehicle when impaired by any legal or illegal drug, including alcohol and cannabis, even if such drug is prescribed to the driver;(d) be certified in cardiopulmonary resuscitation (CPR) and first aid;(e) have experience with or demonstrated competence in safely transporting people;(f) have received training in meeting the needs, including the transportation related needs people with D/DD, behavioral health issues, persons with disabilities, and elderly persons;(g) have received training in wheelchair securement and tie down procedures;(h) have received training prior to contact with MassHealth members of the rules and procedures for the mandated reporting of abuse or neglect of members; and(i) have received training on universal precautions and infection control practices, prior to contact with MassHealth members.(E)Familial Subcontractor Requirements. The familial subcontractor must(1) possess a valid Massachusetts driver's license;(2) have met the criteria for new employees outlined in 130 CMR 419.421(A)(1)(b) through (e)(3) not operate any vehicle when impaired by any legal or illegal drug, including alcohol and cannabis, even if such drug is prescribed to the driver.(F)Travel Distance and Time. The DH provider and the transportation provider should attempt to minimize travel distance and travel time.Adopted by Mass Register Issue 1514, eff. 1/19/2024 (EMERGENCY).Amended by Mass Register Issue 1520, eff. 1/19/2024 (EMERGENCY).Adopted by Mass Register Issue 1521, eff. 5/10/2024.Amended by Mass Register Issue 1532, eff. 10/11/2024.