An Act to Improve Nonemergency MaineCare Transportation
Maine Legislature, Session 132, LD 1835
Committee: Health and Human Services
Sponsors: BENNETT
Amends: 22 MRSA §3197, 22 MRSA §3198, 22 MRSA §3199

Legislative Document
No. 1835
S.P. 717
In Senate, April 30, 2025
An Act to Improve Nonemergency MaineCare Transportation
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Senators: MOORE of Washington, TIPPING of Penobscot, Representatives: 
GRIFFIN of Levant, MATLACK of St. George, MCINTYRE of Lowell, ROEDER of Bangor, 
SHAGOURY of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3197 is enacted to read:
§3197.  Nonemergency transportation reporting and quality assurance
1. Definitions.   As used in this section, section 3198 and section 3199, unless the 
context otherwise indicates, the following terms have the following meanings.  
A. "Broker" means an entity with which the department has contracted to manage, 
authorize, coordinate and reimburse the provision of necessary nonemergency 
transportation for eligible MaineCare members.
B. "Nonemergency transportation" means transportation services provided to 
MaineCare members through one of the state-designated transportation brokers to 
allow members to access nonemergency MaineCare-covered services. 
C. "Transporter" means any entity, organization or individual that provides 
transportation services reimbursable by a broker under the nonemergency 
transportation program.  This includes agents of the broker with which the broker has 
entered a service agreement, public transportation, commercial taxis, volunteers and 
friends and family.
2. Nonemergency transportation dashboard. The department shall post on a publicly 
accessible website information relating to broker performance indicators and results.  The 
department shall post the following on a quarterly basis, and no later than 45 days following 
the close of a fiscal quarter:
A. Broker contact information; and
B. Audited data from at least the 2 prior calendar years, including: 
(1) The total number of trips by month and region;
(2) The number of trips sortable by mode of transportation, broker, month and year. 
Mode of transportation must include trips by agency providers; trips by 
commercial providers, volunteer drivers, contract taxis, ad hoc taxis and specialty 
transit; trips in which the driver is the member or close associate; public transit; 
and broker-provided trips;
(3) The total number of trips by trip destination;
(4) The number of complaints, categorized by type and sortable by month and 
region;
(5) The total number of incidents by type; and
(6) A table, categorized by region, indicating whether the following performance 
metrics have been met:
(a) All transporter and driver vehicles have a valid state motor vehicle 
inspection sticker;
(b) The monthly member complaint rate does not exceed one complaint per 
trips delivered;
(c) The call center call abandonment rate does not exceed 5%;
(d) Ninety percent of calls to the call center are directed to a live representative 
within 60 seconds;
(e) No more than 1% of trips scheduled to be delivered are missed, not 
including trips cancelled by the member or trips cancelled due to weather; and
(f) At least 85% of trips are on time, except that, for trips in which the member 
being transported is a child under 16 years of age or is receiving services under 
a home and community-based services waiver, the timeliness standard is 95% 
of all trips delivered.  A trip is considered on time if the driver arrives from 30 
minutes before until 15 minutes after the scheduled pickup from the point of 
origin, from 30 minutes before until 5 minutes after the scheduled drop-off 
time at the MaineCare-covered service location and until 30 minutes after the 
scheduled pickup from the MaineCare-covered service location.  Trips to 
methadone clinics for the purpose of dosing are considered on time if the 
member arrives within the window of the clinic's operating hours and no later 
than 30 minutes prior to the clinic's closing time for the day.  Trips by members 
using the mileage reimbursement option or public transit are considered on 
time for all trips for the purpose of date reporting.  Trips by facilities under 
contract with the broker to provide transportation for their members are 
considered on time for all trips for the purpose of data reporting.
3. Incident reporting. The department shall track incidents by region, categorize 
incidents and issue a monthly report with the following:
A. Incidents requiring immediate attention, including any incident involving injury 
requiring medical care or emergency services; accidents resulting in injury or death; 
evidence of a weapon; assaults; incidents requiring police assistance; harassment; 
illegal activities by the member, driver or escort; other serious safety concerns; and 
incidents related to a minor or to a person over the age of 65.  These incidents must be 
reported to the department within one business day of the incident;
B. Incidents not requiring immediate attention, including accidents without injury; 
wheelchair tie-down issues that have not caused injury; and repeated issues with drivers 
and disruptions that do not cause danger but result in service delays.  These incidents 
must be reported to the department by the 15th day of the month following the prior 
month's reporting period; and
C. Isolated incidents, including isolated late trips; vehicle cleanliness concerns; 
member hygiene concerns; and vehicles or drivers incompatible with member needs.  
These incidents must be reported to the department by the 15th day of the month 
following the prior month's reporting period.
4. Corrective action plans. The department shall issue a corrective action plan to a 
broker who has failed to meet the same performance metric for 3 consecutive months.  The 
corrective action plan must include a root cause analysis regarding the reasons for the 
deficiency, a timeline with a completion date for when the broker is expected to achieve 
compliance and a description of the actions taken and the results of these actions.  A 
corrective action plan issued by the department to a broker must be made available on the 
department's publicly available website.
5. Surveys. Beginning July 1, 2026, and annually thereafter, each broker shall conduct 
annual member surveys to assess transporter and broker services.  Results must be provided 
to the department and published on the department's publicly available website by 
November 15th of each year. 
6. Report. The department shall provide a report by December 31, 2025, and annually 
thereafter, to the joint standing committee of the Legislature having jurisdiction over health 
and human services matters demonstrating compliance with this section and demonstrating 
that broker performance requirements have been met or, if requirements have not been met, 
outlining defects or failures to meet requirements and expectations for corrective actions 
to remedy those defects or failures.
Sec. 2.  22 MRSA §3198 is enacted to read:
§3198.  Nonemergency transportation advisory committees
1. Advisory committees. The department shall establish a nonemergency 
transportation advisory committee in each region to provide the department with 
recommendations regarding the performance of nonemergency transportation services in 
that region.
2. Membership.  A nonemergency transportation advisory committee under this 
section must consist of the following members, appointed by the commissioner or the 
commissioner's designee:
A. At least 2 members who receive nonemergency transportation services and who 
reside in the region;
B. At least one representative of each federally recognized Indian tribe in the region;
C. At least one representative from a behavioral health facility operating in the region;
D. At least one representative from an opioid treatment program operating in the 
region;
E. A representative of a home and community-based services provider;
F. At least one representative from each transporter under a service agreement with the 
region's broker;
G. At least one representative from each public transportation provider that provides 
services to members in the region;
H. At least one representative of a taxi company;
I. If volunteer drivers are used in the region, at least one active volunteer driver;
J. A representative of the department;
K.  At least one representative of a provider of services for persons with disabilities;
L.  At least one representative of a provider of services for immigrants and refugees, if 
such a provider is available in the region;
M.  At least one representative from each of the federally qualified health centers in 
the region; and
N.  At least one representative from each of the hospitals in the region.
3. Meetings and notice.  A nonemergency transportation advisory committee must 
meet at least once every 6 months and must provide notice of meetings at least 30 days in 
advance of any scheduled meeting.
Sec. 3.  22 MRSA §3199 is enacted to read:
§3199.  Nonemergency transportation ombudsman program
1. Program established. The nonemergency transportation ombudsman program, 
referred to in this section as "the program," is established as an independent program within 
the Executive Department to provide ombudsman services to MaineCare members 
regarding MaineCare nonemergency transportation provided by the department.  The 
primary duty of the ombudsman is to ensure that all complaints and concerns related to 
MaineCare nonemergency transportation are investigated and recommendations for 
appropriate redress are made in a timely fashion.
2. Contracts. The program shall operate by contract between the department and a 
nonprofit organization that the Executive Department determines to be free of potential 
conflict of interest and best able to provide the ombudsman services on a statewide basis.  
The contract must be for a term of one initial year, followed by renewals for up to 4 
additional years.  The ombudsman may not be actively involved in state-level political 
party activities or publicly endorse, solicit funds for or make contributions to political 
parties on the state level or candidates for statewide elective office.  The ombudsman may 
not be a candidate for or hold any statewide elected public office.
3. Duties. The program shall:
A. Consider and promote the best interests of MaineCare members and investigate, 
advise on and work toward resolution of complaints of infringement of the rights of 
members;
B. Establish a comprehensive outreach program regarding the services offered by the 
ombudsman, including outreach and education to MaineCare members and 3rd parties 
that provide services or support to MaineCare members, including health care 
providers, social service providers and health insurance navigators, brokers, agents and 
other enrollment professionals;
C. Provide information regarding the services available through the ombudsman 
program to all MaineCare members;
D. Maintain a toll-free telephone number, to be advertised on the department's publicly 
accessible website and in the MaineCare member handbook;
E. Answer inquiries within 10 business days of receipt, investigate and resolve 
complaints regarding the performance and services of the department and provide 
monthly updates to MaineCare members regarding the status of outstanding complaints 
and concerns;
F. Analyze and provide opinions and recommendations to agencies, the Governor and 
the Legislature on state programs, rules, policies and laws;
G. Determine what types of complaints and inquiries are accepted for action by the 
program and adopt procedures regarding communication with MaineCare members 
making inquiries or complaints to the department;
H. Apply for and use grants, gifts and funds for the purpose of performing the duties 
of the program; and
I. Collect and analyze records and data relevant to the duties and activities of the 
program and make reports as required by law or as the department considers 
appropriate.
4. Confidentiality of records. Information held by or records or case-specific reports 
maintained by the program are confidential.  Disclosure may be made only if the 
ombudsman determines such disclosure is lawful and in the best interest of the MaineCare 
member who is the subject of the records.  The awarded contractor shall enter into a 
business associate agreement with the department.  The program may not make public the 
identity of any individual requesting assistance from the program or make public any 
protected health information in the conduct of its duties. 
5. Liability. Any person who in good faith submits a complaint or inquiry to the 
program pursuant to this section is immune from any civil or criminal liability for that act.  
For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that 
any person acting pursuant to this section did so in good faith.  The ombudsman and 
employees and volunteers in the program are deemed employees of the State for the 
purposes of the Maine Tort Claims Act.
6. Report. The program shall provide a report by December 31, 2025 and annually 
thereafter concurrently to the department and to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters describing the 
activities and services of the program, priorities set by the program, waiting lists for 
services, provision of outreach services and recommendations for changes in statute or 
rules to improve the provision of MaineCare transportation services.
SUMMARY
This bill does the following.
1. It requires the Department of Health and Human Services to create and maintain a 
MaineCare nonemergency transportation dashboard, which is information posted on the 
department's publicly accessible website reflecting broker performance indicators and 
results.
2. It requires the department to track nonemergency transportation trips by region and 
categorize and issue a monthly report regarding all incidents involving the delivery on 
nonemergency transportation.
3. It establishes the nonemergency transportation ombudsman program as an 
independent program within the Executive Department to provide ombudsman services to 
MaineCare members regarding MaineCare nonemergency transportation provided by the 
department.
4. It requires the department to establish a nonemergency transportation advisory 
committee in each region to provide the department with recommendations regarding the 
performance of nonemergency transportation services in that region.