2015 Kentucky Revised Statutes CHAPTER 281 - MOTOR CARRIERS 281.873 Definitions for this section and KRS 281.874 -- Determination of participants' eligibility for special carriers transport -- Escort or assistance for person receiving transportation delivery services.
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281.873
Definitions for this section and KRS 281.874 -- Determination of
participants' eligibility for special carriers transport -- Escort or assistance for
person receiving transportation delivery services.
(1)
(2)
(3)
(4)
As used in this section and KRS 281.874, unless the context otherwise requires:
(a) "Certificate Type 01" means a private automobile;
(b) "Certificate Type 02" means a taxicab or similar for-profit motor carrier
vehicle;
(c) "Certificate Type 03" means a bus service;
(d) "Certificate Type 04" means a nonprofit transit system;
(e) "Certificate Type 07" means a specialty carrier certified to transport
nonemergency, ambulatory disoriented persons;
(f) "Certificate Type 08" means a specialty carrier, using ramp or lift-equipped
vehicles in compliance with the Americans with Disabilities Act, certified to
transport nonemergency, nonambulatory persons;
(g) "Level of eligibility" means the specialty transport classification a person is
designated based upon the written recommendation of the person's personal
physician, physician assistant, advanced practice registered nurse, or qualified
mental health professional that is used to establish the type of specialty
transport needed for the person; and
(h) "Qualified mental health professional" shall have the same meaning as in KRS
202A.011.
Except for members of the general public, the level of eligibility shall dictate both
the necessity and the type of special carrier transport for a person participating in
the human service transportation delivery program and shall ensure the person shall
be transported in the appropriate vehicle designed to accommodate the person's
level of eligibility. The broker shall, upon request by a recipient, provide specialty
carrier transportation for a period up to thirty (30) days without written
recommendation of the recipient's personal physician, physician assistant, advanced
practice registered nurse, or qualified mental health professional. A broker shall be
prohibited from changing or altering a person's level of eligibility and the
accompanying certificate type. A broker shall report questionable specialty
classifications to the cabinet.
A parent, guardian, or designee of the parent or guardian shall accompany any
minor under the age of thirteen (13) who is receiving human service transportation
delivery program services. A parent, guardian, or designee of the parent or guardian
may accompany a minor between the ages of thirteen (13) and seventeen (17) who
is receiving human service transportation delivery program services.
An escort shall not be required for any person aged thirteen (13) or older, unless the
person's physician, physician assistant, advanced practice registered nurse, or
qualified mental health professional has recommended that the person be
transported with an escort based upon one (1) of the following criteria:
(a) A history of a behavior that has resulted in harm to the person or to others
while receiving human service transportation delivery program services;
(b) A medical history of a behavior that indicates that the person may be a danger
to himself or herself or others; or
(c) Information that the person may become violent in a transportation setting
from the person's support coordinator, who is providing services under 907
KAR 1:145 or any other Medicaid program, and also from the person's parent
or guardian.
(5) A requirement for an escort under subsection (4) of this section shall be removed
upon the recommendation of the physician, physician assistant, advanced practice
registered nurse, or qualified mental health professional.
(6) If an escort is required under subsection (4) of this section, the transportation
provider shall provide one (1) escort per vehicle to pick up each individual at his or
her designated location, remain with the person during transport, and escort the
person to the designated health care provider or other covered service.
(7) If a person receiving transportation delivery services under a Certificate Type 07 or
08 is not required to have an escort under the provisions of subsection (4) of this
section, but needs assistance to and from the transportation vehicle, the
transportation provider shall provide that service if the following conditions exist:
(a) It would take less than five (5) minutes to accompany the person to and from
the transportation vehicle; and
(b) The transportation provider can maintain visual contact with his or her vehicle
if there are other persons receiving transportation delivery services remaining
in the vehicle.
(8) Any transportation provider that leaves a vehicle to accompany a person to or from
the transportation vehicle shall:
(a) Turn off the vehicle engine and retain the key in his or her possession; or
(b) Enable a transmission locking device that prohibits unauthorized use of the
vehicle and retain the key in his or her possession.
(9) If a person receiving human service transportation services does not require an
escort under the provisions of subsection (4) of this section, but needs assistance to
and from the vehicle, the transportation provider shall provide one (1) escort per
vehicle if the conditions of paragraphs (a) and (b) of subsection (7) of this section
do not exist.
(10) If a state agency has been appointed as the guardian of a person receiving human
service transportation program services, the state shall ensure that the transportation
provider provides an escort when the person meets the criteria under subsection (4)
of this section.
(11) A parent, guardian, or designee of the parent or guardian accompanying a minor
shall not be charged a fare.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 19, sec. 31, effective June 24, 2015. -- Amended
2010 Ky. Acts ch. 85, sec. 44, effective July 15, 2010. -- Amended 2003 Ky. Acts ch.
86, sec. 1, effective March 18, 2003. -- Created 2000 Ky. Acts ch. 346, sec. 5,
effective July 14, 2000.
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