II 116th CONGRESS 1st Session S. 2846 IN THE SENATE OF THE UNITED STATES November 13, 2019 Mr. Isakson (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to provide for the continuing requirement of Medicaid coverage of nonemergency transportation to medically necessary items and services, and for other purposes.

1. Short title This Act may be cited as the Protecting Patients Transportation to Care Act . 2. Continuing requirement of medicaid coverage of nonemergency transportation to medically necessary items and services (a) Requirement Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking and (29) and inserting , (29), and (30) ; and (2) in subparagraph (C)(iv), by striking and (17) and inserting , (17), and (30) . (b) Description of items and services Section 1905 of such Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)— (A) in paragraph (29), by striking and at the end; (B) by redesignating paragraph (30) as paragraph (31); and (C) by inserting after paragraph (29) the following new paragraph: (30) subject to subsection (gg), nonemergency transportation to medically necessary items and services, consistent with the requirement of section 431.53 of title 42, Code of Federal Regulations, as in effect as of June 1, 2019; and ; and (2) by adding at the end the following new subsection: (gg) Nonemergency transportation to medically necessary items and services (1) Limitation on Federal financial participation Notwithstanding any other provision of this title, to be eligible for federal financial participation under this title for expenses incurred as medical assistance or as an administrative expense for nonemergency transportation to medically necessary items and services described in subsection (a)(30), the State Medicaid agency of such State must have in place a transportation coordination plan and utilization management guidelines for the design and delivery of nonemergency transportation to medically necessary items and services. (2) Transportation coordination plan For purposes of paragraph (1), the term transportation coordination plan means a process that provides and improves— (A) access to non-emergency transportation to medically necessary items and services to improve— (i) attendance at appointments for the furnishing of items and services for which medical assistance is available under this title; and (ii) health outcomes; and (B) coordination in the planning of transportation services provided with Federal assistance, including coordination with transportation providers receiving assistance under this title or from other Federal sources. . (c) Interagency Transportation Coordinating Council on Access and Mobility The Administrator of the Centers for Medicare & Medicaid Services shall be a member of the Interagency Transportation Coordinating Council on Access and Mobility established under Executive Order No. 13330 ( 49 U.S.C. 101 note) and shall participate fully in the activities of the Council. (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to transportation on or after such date.