Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 7 - Mass Transportation › Section 603 KAR 7:080 - Human service transportation delivery

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 96A.010-96A.370,
				157.280,
				163.470,
				202B.010,
				216.2925,
				216.2927,
				45 C.F.R. 164, 49 C.F.R. 655,
				42 U.S.C.
				12102, 49 U.S.C. 53
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281.870(3) requires the
				cabinet to promulgate administrative regulations specifying the duties and
				responsibilities of the Coordinated Transportation Advisory Committee (CTAC).
				KRS
				281.875 requires the cabinet to promulgate
				administrative regulations concerning the human service transportation delivery
				program. This administrative regulation establishes procedures governing the
				human service delivery program on behalf of the CTAC and the procedures
				required to provide efficient, safe, and coordinated transportation delivery to
				clients of the human service transportation delivery program.
Section 1. Definitions.
(1) "Ambulance stretcher transportation"
			 means an ambulance service used for transporting sick or injured people who are
			 also bedridden.
(2) "Broker" is
			 defined by
			 KRS
			 281.014(8).
(3) "Certificate type 07 and certificate type
			 08" means a classification type assigned to a recipient that meets the
			 definition established in either
			 KRS
			 281.873(1)(e) or
			 281.873(1)(f).
(4) "CTAC" is defined by
			 KRS
			 281.014(10).
(5) "Delivery area" is defined by
			 KRS
			 281.014(7).
(6) "Eligible provider" means a
			 transportation provider that has contracted with the regional broker, obtained
			 a valid Medicaid provider number from the Department for Medicaid Services, and
			 been approved by the cabinet to provide services to human service
			 transportation delivery recipients upon verification of applicable
			 transportation operating authority.
(7) "Escort" means an individual attendant
			 whose presence is required to assist a recipient during transport.
(8) "Human service transportation delivery"
			 is defined by
			 KRS
			 281.014(6).
(9) "Medical necessity" means that a covered
			 benefit is determined to be needed in accordance with
			 907
			 KAR 3:130.
(10) "Medical service area" means the
			 Medicaid recipient's county of residence and contiguous counties.
(11) "Mileage reimbursement" means a fixed
			 rate set by the Commonwealth per mile that a motor vehicle is operated while
			 the recipient is a passenger.
(12)
			 "Provider" means an individual with appropriate operating authority performing
			 transportation operations for human service transportation delivery.
(13) "Recipient" means a person who is
			 receiving benefits under one (1) of the service programs listed in Sections 3,
			 5, or 6 of this administrative regulation and who complies with the criteria of
			 the participating program.
(14)
			 "Safety sensitive person" means a person who has direct involvement in a
			 recipient's trip, including:
(a)
			 Scheduling;
(b)
			 Dispatching;
(c) Driving;
			 or
(d) Maintaining the vehicle
			 fleet.
(15) "Special
			 circumstance" means an occasion for a broker to provide a trip after normal
			 working hours, such as for a patient receiving dialysis, chemotherapy, or
			 radiation treatment available only on nights and weekends, or TANF
			 transportation for evening shift employment.
(16) "Subcontractor" is defined by
			 KRS
			 281.014(9).
(17) "TANF" means the Temporary Assistance
			 for Needy Families Program administered by the Cabinet for Health and Family
			 Services.
(18) "Urgent care" means
			 an unscheduled episodic situation:
(a) In
			 which there is not a threat to life or limb, but the recipient needs to be seen
			 within twelve (12) hours in order to avoid the likely onset of an emergency
			 medical condition; and
(b) That
			 does not include an emergency trip that is to be addressed by a qualified
			 emergency service.
(19)
			 "Volunteer transportation" means transportation provided by a person or entity
			 as a charitable act without the expectation of receiving a benefit or
			 payment.