474 Neb. Admin. Code, ch. 1, § 016

Current through September 17, 2024

Section 474-1-016 - TRANSPORTATION AND ESCORT SERVICES FOR FAMILIES

This section provides direction for the authorization and provision of Transportation or Escort Services for Families and the process for evaluation and approval of transportation providers, including individual providers.

016.01TRANSPORTATION DEFINITIONS. The following definitions are used in this section:

16.01(A)COMMON CARRIER. Any person who transports passengers by motor vehicle for hire and is licensed as such with the Nebraska Public Service Commission.

16.01(B)DEPARTMENT. The Nebraska Department of Health and Human Services.

16.01(C)ESCORT SERVICES. An attendant or caregiver accompanying a minor or persons who are physically, mentally, or developmentally disabled and unable to travel or wait without assistance or supervision.

16.01(D)EXEMPT PROVIDER. Carriers exempt from the Public Service Commission licensure by law including those that

(i) Transport for hire persons who are aged and their spouses and dependents under a contract with a municipality or county ;

(ii) Are owned and operated by a nonprofit organization which has been exempted from the payment of federal income taxes as provided by the Internal Revenue Code and transporting solely those persons over age 60, their spouses and dependents or disabled persons ;

(iii) Are operated by a municipality or county as authorized by law in the transportation of the persons who are aged ;

(iv) Are operated by a governmental subdivision or a qualified public purpose organization having motor vehicles with a seating capacity of 20 or less and are engaged in the transportation of passengers in the state;

(v) Are engaged in the transportation of passengers and are operated by a transit authority created under and acting pursuant to the laws of the State of Nebraska; and

(vi) Provide escort service under contract with the Department or with any agency organized under the Nebraska Community Aging Services Act .

016.01(E)INDIVIDUAL PROVIDER. A person who is not in the business of providing transportation for hire; for example, a friend, neighbor or non-legally responsible relative.

016.01(F)MEDICAL ESCORT. An attendant or caregiver accompanying a minor or persons who are physically, mentally, or developmentally disabled and unable to travel or wait without assistance or supervision to receive a Nebraska Medicaid covered service.

016.01(G)NEBRASKA MEDICAID COVERED SERVICE. A medical service that could be covered by a Nebraska Medical Assistance Program as specified in Title 471 of the Nebraska Administrative Code.

016.01(H)PUBLIC, CONTRACTED TRANSPORTATION. Public transportation such as a taxi, bus, train or plane.

016.01(I)TARIFF. The geographic rate parameters of operation assigned to a particular carrier by the Public Service Commission.

016.01(J)TRANSPORTATION OR ESCORT SERVICE FOR FAMILIES. Means services enabling:

(i) Children to travel to:

(1) Child care;

(2) Health-related treatment or care when Medicaid does not cover the transportation service; or

(3) Department or other community resource services as a part of a child protective services safety plan or case plan;

(ii) Parents or usual caregivers to travel to:

(1) Health services when not covered by Medicaid;

(2) Department or a community resource to receive services as a part of a child protective services safety plan or case plan; or

(3) Visit a hospitalized child included in the family unit or in foster care when Medicaid does not cover the transportation; and

(iii) Biological parents or usual caregivers with children in foster care to receive services directed toward returning the child home.

016.02ELIGIBILITY STATUS. The Department may authorize transportation or escort service for applicants or recipients who are:

(A) Current Aid to Dependent Children recipients;

(B) Current Supplemental Security Income and State Supplemental recipients age 18 or younger;

(C) State wards;

(D) Low-income families; or

(E) Families eligible without regard to income.

016.03TRANSPORTATION OR ESCORT NEED. Transportation services are not provided based on the demand of the applicant or recipient. Need for a service implies that the provision of that service will assist the applicant or recipient in achieving program goals. To be eligible, the applicant or recipient must:

(1) Have no access to a working licensed vehicle or a valid driver's license;

(2) Be unable to drive due to physical or cognitive limitation;

(3) Be unable to secure transportation from relatives, friends, or other organizations at no costs;

(4) Require transportation in relation to a defined area of need;

(5) Have a current safety plan or case plan; or

(6) Accept the authorized case plan.

016.03(A)RESIDENTS OF NURSING FACILITIES OR INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. Residents of nursing facilities or intermediate care facilities for individuals with developmental disabilities are not eligible to receive transportation through Social Services Block Grant Programs, except discharge transportation unless the transportation service is covered by Medicaid. All other transportation is the responsibility of the facility. Transportation, including moving the recipient's household goods or personal property is not allowable for these recipients.

016.03(B)CHILD PROTECTIVE SERVICES TRANPORTATION OR ESCORT. The Department may authorize transportation or escort services only to meet the recipient's defined needs as part of a child protection safety plan or case plan.

016.03(C)STATE WARD AND FOSTER CARE TRANSPORTATION OR ESCORT. Transportation services may be authorized to allow biological parents or usual caretakers with a child who is a Department ward to receive services directed toward the return of the child to the home or the maintenance of the child in the home.

016.03(D)TRANSPORTATION FOR VISIT. Transportation or escort services may be authorized to enable a family member or caregiver to visit a hospitalized child who is included in the family unit or in foster care.

016.04TRANSPORTATION SERVICES PROVIDER STANDARDS. The Department enrolls common carriers, exempt providers, escort providers, and individual providers. Providers must meet all general provider standards in section 014.11 in addition to the service specific standards .

016.04(A)COMMON CARRIER STANDARDS. The Nebraska Public Service Commission certifies common carriers. Taxis and van companies are certified by the Public Service Commission as common carriers. The Department verifies the common carrier is certified, requests and receives a copy of the carrier's tariff and verifies the carrier has a special Department designation.

016.04(A)(i)TRANSPORTATION BY OTHERS. Transportation provided by child care providers, family support providers and foster parents are exempt from Public Service Commission certification requirements since it is incidental to the service provided. Exempt providers must ensure their employees meet the individual provider standards of this Chapter.

016.04(B)ESCORT PROVIDER STANDARDS. The provider must:

(i) Meet all provider standards contained in 474 NAC 1-14.11;

(ii) Be an individual age 19 or older;

(iii) Have training or experience working with children;

(iv) Have training or experience in providing personal assistance;

(v) Agree to have the escort's driving records reviewed if the escort will drive;

(vi) Maintain information on specific needs of each recipient served;

(vii) Report all changes observed to the recipient's services coordinator;

(viii) Escorts providers who drive the recipient must also meet all individual transportation provider standards in this Chapter. The escort provider must complete the individual transportation provider self-certification;

(ix) If the escort provider will be driving a recipient who is a vulnerable adult or a person under age 19, the provider must meet the transportation service standards of Neb. Rev. Stat. § 81-6,120, including the criminal history records check required by the statute.

016.04(C)INDIVIDUAL PROVIDER STANDARDS. The Department may enroll individual providers only if the driver and vehicle standards are met at all times when the individual is providing transportation for a recipient.

016.04(C)(i)PROVIDER STANDARDS. The individual must meet the following driver standards:

(1) Meet all provider standards contained in 474 NAC 1-14.11;

(2) Meet the transportation service provider standards of Neb. Rev. Stat. § 816,120 if the provider is transporting a person under age 19 or vulnerable adult, including the national criminal history records check required by the statute;

(3) The individual provider must be chosen by recipient or by the usual caregiver to provide transportation;

(4) Be age 19 or older;

(5) Possess a current and valid driver's license;

(6) Have no more than three points assessed against the provider's Nebraska driver's license or meet a comparable standard in the state where the provider is licensed to drive.

(7) Currently have no limitations that would interfere with safe driving;

(8) Personally drive the provider's own vehicle to transport the recipient;

(9) Use seat belts and child passenger restraint devices as required by law;

(10) Not smoke or vape while transporting the recipient;

(11) Not transport the recipient while under the influence of alcohol or any drug that impairs the ability to drive safely;

(12) Not provide transportation if the provider has a communicable disease which may poses a threat to the health and well-being of the recipient;

(13) Have and maintain the minimum automobile liability and medical insurance coverage as required by law; and

(14) Report disqualification from any Department program for intentional program violation.

016.04(C)(ii)VEHICLE STANDARDS. The individual provider's vehicle must be:

(1) Currently licensed and registered as required by law;

(2) Kept at all time in proper physical and mechanical conditions;

(3) Equipped with operable seat belts, turn signals, lights and horn;

(4) Equipped with proper child passenger restraint devices as required by law when transporting children; and

(5) Equipped to provide comfortable temperature and ventilation conditions.

016.04(C)(iii)PROVIDERS RESIDING OUTSIDE OF NEBRASKA. If the potential provider does not reside in Nebraska, the Department will check registries in the provider's state of residence.

016.04(C)(iv)RENEWAL OF PROVIDERS. Providers are reviewed annually for renewal. If the Department determines circumstances warrant more frequent checks, the Department may review more frequently. Providers must cooperate with the review and renewal process. Failure to cooperate may result in termination or disapproval as a provider.

016.04(D)ALTERNATIVE ASSISTANCE AVAILABILITY. Before authorizing transportation or escort services, the Department will explore with the applicant use of family, neighbors, friends or community agencies that will provide the service to the applicant without charge when possible.

016.05NON-MEDICAL TRANSPORTATION FOR RECIPIENTS WHO ARE ELIGIBLE AS A CURRENT FAMILY OR A LOW-INCOME FAMILY. For areas where exempt providers are available or the recipient has chosen to use an individual provider, the recipient may only use a common carrier when the exempt provider or individual provider cannot provide the service.

016.06.TRANPORTATION RATES, FREQUENCY AND MAXIMUM ALLOWABLE UNITS. Transportation services are paid only when:

(1) The recipient is in the vehicle; and

(2) The provider uses the most direct and logical route from the recipient's residence to the service location.

016.07(A)UPPER LIMITS. The Department establishes transportation rates.

016.07(A)(i)COMMON CARRIER RATES. Common carrier rates are set by the Nebraska Public Service Commission pursuant to Nebraska Revised Statute (Neb. Rev. Stat.) § 75-303.03. The maximum rate does not apply when the carrier:

(1) Transports the recipient wholly within the corporate limits of the city or village where the transportation of the recipient originated; or

(2) Transports a disabled person as defined by the Americans with Disabilities Act of 1990 in a vehicle compliant with the regulations governing transportation of disabled persons.

016.07(A)(ii)TAXIS. Taxi rates may be no greater than 95% of the published rates.

016.07(A)(iii)EXEMPT PROVIDERS. The Department establishes rates for exempt providers.

016.07(A)(iv)ESCORT PROVIDERS. The mileage rate for escort providers must not exceed the state employee mileage rate unless the escort is a certified carrier. The hourly rate is set by the Department.

016.07(A)(v)INDIVIDUAL PROVIDERS. As provided in Neb. Rev. Stat. § 75-303.03, the Department will reimburse individual providers for costs incurred in transportation at a rate no greater than that paid for reimbursement of state employees under Neb. Rev. Stat. § 81-1176 only for mileage.

016.07(B)FREQUENCY. The frequency for medical and non-medical transportation is by miles or trip. The frequency for medical escort services is by the hours and miles or the hours and trip.

016.07(C)MAXIMUM ALLOWABLE UNITS. Transportation units are authorized based upon recipient need and must not exceed the following limits:

(i) Non-medical Transportation:

(1) To and from child care; and

(2) To and from community services based upon the child protective services safety plan or case plan.

474 Neb. Admin. Code, ch. 1, § 016

Adopted effective 6/26/2022