2013 Kentucky Revised Statutes CHAPTER 281 - MOTOR CARRIERS 281.875 Administrative regulations governing human service transportation delivery program -- Requirement for documentation -- Preferential treatment by cabinet prohibited -- Handbook.
Download as PDF
281.875 Administrative regulations governing human service transportation
delivery program -- Requirement for documentation -- Preferential
treatment by cabinet prohibited -- Handbook.
(1)
The cabinet shall promulgate administrative regulations governing, but not
limited to, the following provisions of the human service transportation delivery
program:
(a) Establishment of one (1) or more specific delivery areas;
(b) The length of the term of the contract to be signed with a broker and the
criteria to be used to terminate a contract;
(c) Contractual matters to be specified in a request for proposals from
brokers including, but not limited to:
1.
Establishment and maintenance of a central business office within
the delivery area;
2.
Staffing requirements for the central business office;
3.
Collection and retention of records to be maintained by each broker
and subcontractor;
4.
Collection and retention of encounter data on each trip made by the
broker if the broker provides transportation services and by each
subcontractor. Failure of a broker to record all data required by the
cabinet for all trips the broker provided under the human service
transportation delivery program shall be grounds for the cabinet to
terminate the broker's contract;
5.
Reporting of all traffic accidents and moving violations involving
either a broker or subcontractor; and
6.
Submission of annual financial reports by each broker;
(d) Criteria for evaluating and selecting a broker subject to the provisions of
subsections (2) and (3) of this section;
(e) Identification of all federal statutes, federal rules, and federal
administrative regulations with which state agencies, brokers, and
subcontractors must comply;
(f) Uniform criteria for establishing capitated rates, fees, and reimbursement
procedures for all delivery areas, including a mandate that brokers shall
have all reports necessary for payment to the cabinet not later than the
seventh of each month. The mandate shall also include a requirement
that the cabinet shall pay brokers not later than the fifteenth of each
month if the broker has submitted all required reports. A broker shall
promptly reimburse subcontractors within three (3) business days of
payment by the cabinet;
(g) Uniform responsibilities for all brokers and subcontractors including
provisions for reservations and trip assignments, quality assurance,
administrative oversight, and reporting;
(h) Uniform criteria for contractual agreements between subcontractors and
brokers in all delivery areas;
(i) Uniform criteria governing the authorized provision of transportation
services offered by brokers in all delivery areas;
(j)
(2)
(3)
Uniform guidelines brokers shall be required to adopt to educate persons
in the delivery area regarding:
1.
Procedures for scheduling transportation services including the
broker's normal hours of operation and how to schedule
transportation after normal hours of operation, including Sundays
and all holidays;
2.
Rates for services;
3.
Information the person shall be required to provide the broker when
requesting transportation;
4.
Types of eligible transportation, including pick-up and delivery
standards and reasons service may be denied;
5.
Permissibility of escorts and attendants;
6.
Procedures governing requests for urgent care;
7.
Standards for driver conduct;
8.
Standards for passenger conduct; and
9.
Oral and written instructions governing the complaint process and
how to lodge a complaint against a subcontractor or broker;
(k) Vehicle requirements governing all vehicles operated by brokers or
subcontractors to transport persons under the human service
transportation delivery program;
(l) Driver qualifications including driver, attendant, and service personnel
training;
(m) Minimum standards to be included in a mandatory orientation program
provided by the broker for all subcontractors in the delivery area;
(n) Minimum standards governing volunteer and public transportation
services;
(o) Minimum standards governing an operational procedures manual to be
developed by all brokers;
(p) Minimum standards governing a quality assurance plan to be developed
by all brokers;
(q) Performance monitoring by the cabinet of brokers and subcontractors;
and
(r) Standards governing uniform software that all brokers shall be required to
use to ensure the uniform collection of data and to facilitate the production
and analysis of uniform reports relating to the human service
transportation delivery system.
A person that submits a request for proposal to be a broker under the human
service transportation delivery program shall be required to submit
documentation that he or she has at least one (1) year experience working with
persons with special needs.
The cabinet shall be prohibited from awarding higher scores, or giving any type
of preferential treatment to, any person that submits a request for proposal to
be a broker who is also a transportation provider over a person who submits a
request to be a broker but who is not a transportation provider.
(4)
The cabinet shall develop a handbook specifying standard operating
procedures, which shall be distributed to all providers and shall be made
available to the general public.
Effective:July 14, 2000
History: Created 2000 Ky. Acts ch. 346, sec. 7, effective July 14, 2000.
Legislative Research Commission Note (7/14/2000). Under 2000 Ky. Acts
ch. 346, sec. 16, subsection (4) of this statute takes effect March 1, 2001.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.