2015 Kentucky Revised Statutes CHAPTER 281 - MOTOR CARRIERS 281.872 Program coordinators' duties relating to eligibility for participation in human service transportation delivery program -- Resolution of complaints -- Penalties.
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281.872 Program coordinators' duties relating to eligibility for participation in
human service transportation delivery program -- Resolution of complaints -Penalties.
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(4)
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The cabinet shall employ a pool of program coordinators. Each program coordinator
shall be a state employee and reside in the cabinet.
The program coordinator shall initially investigate all complaints regarding
recipients, subcontractors, and the broker for the area and attempt to immediately
resolve the problem. All complaints relating to Medicaid fraud or abuse shall be
forwarded by the cabinet to the Cabinet for Health and Family Services. The
program coordinator shall further be responsible for assisting a person with a
complaint as required in subsection (4) of this section.
The program coordinator shall investigate issues of eligibility that result in a person
being denied transportation, determine the status of the person's case, and attempt to
immediately resolve the matter in order for the person to continue to receive
transportation services. A broker shall not deny any person transportation services
until the program coordinator resolves the question of the person's eligibility and
verifies to the broker that the person is actually ineligible to receive transportation
services. A broker who violates the provisions of this subsection shall be fined one
thousand dollars ($1,000) and shall be subject to his or her contract being revoked
by the cabinet. The program coordinator shall coordinate information about
eligibility to participate in the human service transportation delivery program
between the cabinet, the Cabinet for Health and Family Services, and the Education
and Workforce Development Cabinet. The cabinet shall ensure each program
coordinator has direct computer access to all relevant databases used by all state
agencies to administer the human service transportation delivery program. The
Department for Medicaid Services shall provide each program coordinator with a
monthly eligibility list for the area.
If a program coordinator is unable to resolve a complaint against a broker or
subcontractor to the satisfaction of the person lodging the complaint on the same
business day the complaint is made, the program coordinator shall immediately act
to assist the person in contacting the appropriate state agency to resolve the
complaint. The program coordinator shall ensure that the cabinet, the Cabinet for
Health and Family Services, and the Education and Workforce Development
Cabinet strictly adhere to the provisions of 42 C.F.R. governing a person's right to
appeal the denial of service or failure for a complaint to be acted upon promptly.
The cabinet shall be required to inform in writing, every person who has either been
denied transportation or who has failed to have a complaint resolved in a prompt
manner under the human service transportation delivery program, of their right to a
hearing to be held in the county where the person lives, and the process to follow to
obtain a hearing.
All brokers and subcontractors shall be prohibited from retaliating or attempting
retribution in any way against any person using the human service transportation
delivery program who files a complaint. A broker or subcontractor who is
determined by the cabinet to have violated the provisions of this subsection, after an
investigation and hearing conducted by the cabinet, shall have his or her contract
revoked by the cabinet within ninety (90) days of the hearing and shall be prohibited
from participating in the human service transportation delivery program for five (5)
years from the date of the cabinet's determination.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 11, sec. 66, effective June 25, 2009. -- Amended
2006 Ky. Acts ch. 211, sec. 128, effective July 12, 2006. -- Amended 2005 Ky. Acts
ch. 99, sec. 64, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 346, sec. 4,
effective July 14, 2000.
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