5.
(a)As used in this section, "transportation
provider" means a person:
(1)that is a common carrier, including a person that provides
transportation by a taxi; and
(2)that:
(B)applies for enrollment;
in the Medicaid program as a Medicaid provider to render
transportation services to Medicaid recipients.
(b)This section does not apply to a transportation provider that is:
(1)exempt from federal taxation under Section 501(c)(3) of the
Internal Revenue Code;
(2)at the discretion of the secretary, granted a waiver of the bond
requirement under subsection (c) to provide transportation
services in a federal or state designated underserved area;
(3)at the discretion of the secretary, granted a waiver of the bond
requirement under subsection (c) based on the determinat
Free access — add to your briefcase to read the full text and ask questions with AI
5. (a) As used in this section, "transportation
provider" means a person:
(1) that is a common carrier, including a person that provides
transportation by a taxi; and
(2) that:
(A) is enrolled; or
(B) applies for enrollment;
in the Medicaid program as a Medicaid provider to render
transportation services to Medicaid recipients.
(b) This section does not apply to a transportation provider that is:
(1) exempt from federal taxation under Section 501(c)(3) of the
Internal Revenue Code;
(2) at the discretion of the secretary, granted a waiver of the bond
requirement under subsection (c) to provide transportation
services in a federal or state designated underserved area;
(3) at the discretion of the secretary, granted a waiver of the bond
requirement under subsection (c) based on the determination that
the provider does not pose a significant risk of submitting
fraudulent or false Medicaid claims;
(4) owned or controlled by a person that is licensed or certified by
an entity described in IC 25-0.5-11;
(5) owned or controlled by a pharmacy that has a permit issued
under IC 25-26-13;
(6) owned or controlled by a hospital licensed under IC 16-21; or
(7) required under federal law to obtain a surety bond to cover
Medicaid overpayments and false Medicaid claims and has
obtained a bond that complies with the applicable federal law.
(c) A transportation provider that applies for enrollment as a
Medicaid provider:
(1) as a new applicant;
(2) due to a change in ownership of a transportation provider
currently enrolled; or
(3) due to a purchase or transfer of the assets of a transportation
provider currently enrolled;
shall, at the time the transportation provider files a provider agreement
with the office, submit to the office a surety bond that meets the
requirements of subsection (d) and is issued by a surety that is
authorized by the office of the secretary.
(d) The following apply to a surety bond filed with the office under
this section:
(1) The surety bond must be continuously in effect for at least
three (3) years after the application is made as described in
subsection (c).
(2) The surety bond must provide coverage for liability of at least
fifty thousand dollars ($50,000).
(3) The surety bond must name the:
(A) transportation provider as the principal;
(B) office as the obligee; and
(C) person that issues the surety bond, including the person's
heirs, executors, administrators, successors, and assignees,
jointly and severally, as surety.
(4) The surety bond must provide the surety's name, street address
or post office box number, city, state, and ZIP code.
(5) The surety bond must provide that the surety is liable under
the surety bond for a duplicate, erroneous, or false Medicaid
claim paid by the office or its fiscal agent to the transportation
provider during the term of the surety bond.
(6) The surety bond must provide that the bond may not be void
on a first recovery, but that suits may be instituted until the
penalty is exhausted.
(7) The surety bond must guarantee that the surety will, not later
than thirty (30) days after the surety receives written notice from
the office containing sufficient evidence to establish the surety's
liability under the surety bond as described in subdivision (5), pay
to the office the following amounts, not to exceed the full amount
of the surety bond:
(A) The amount of the duplicate, erroneous, or false claim that
was previously paid by the office or its fiscal agent to the
transportation provider, plus accrued interest.
(B) An assessment imposed under IC 12-15-22 by the office on
the transportation provider.
(8) The surety bond must provide that if the transportation
provider's provider agreement is not renewed or is terminated, the
surety bond submitted by the transportation provider remains in
effect until the last day of the surety bond coverage period and the
surety remains liable for a duplicate, erroneous, or false claim
paid by the office or its fiscal agent to the transportation provider
during the term of the surety bond.
(9) The surety bond must provide that actions under the surety
bond may be brought by the office or the attorney general.
(e) The office may revoke or deny a provider agreement for a
transportation provider's failure to comply with this section.
(f) The office may revoke a provider agreement if a transportation
provider cancels a surety bond required by this section.
(g) The office or its designee may, at any time, require a
transportation provider to demonstrate compliance with this section.
(h) If:
(1) a surety has paid the office for a liability incurred under a
surety bond under this section; and
(2) the transportation provider is subsequently successful in
appealing the determination of liability;
the office shall, upon completion of the appellate process, refund the
surety or the transportation provider the full amount paid for the
liability.