§ 46:450.2 — Vehicles engaged in providing nonemergency, nonambulance

Louisiana § 46:450.2

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§450.2. Vehicles engaged in providing nonemergency, nonambulance
transportation; inspection
A. The Louisiana Department of Health shall annually review vehicle
inspection and insurance documents to ensure current compliance for all
vehicles used by enrolled Medicaid transportation providers in providing
nonemergency, nonambulance transportation services to Medicaid recipients.
The department may inspect such vehicles at any time the department deems
appropriate in accordance with rules developed pursuant to Subsection B of
this Section.
B. The Louisiana Department of Health is authorized to adopt and
promulgate rules, pursuant to the Administrative Procedure Act, regarding but
not limited to inspection of vehicles, inspection decals issued by the
department for display on vehicles, standardization of identification of such
vehicles, uniformity of provider documents, mandatory liability insurance on
vehicles, proof of ownership or lease of vehicles, signs on vehicles identifying
the provider, and such other rules determined by the department to be
necessary for the administration and enforcement of the utilization of only
properly inspected and insured vehicles in the provision of nonemergency,
nonambulance transportation services to Medicaid recipients.
C. Any provider described in Subsection A of this Section who violates
any of the rules promulgated pursuant to Subsection B of this Section, or any
requirement of any other applicable statute or rule while acting as a provider
of nonemergency, nonambulance transportation services to Medicaid recipients
shall be subject to civil fines to be assessed by the Louisiana Department of
Health, in addition to any criminal penalties which may be applicable. The
schedule of civil fines shall be as follows:
(1) Class A violations: Any provider found to have committed any of
the following violations shall be subject to a civil fine of not more than two
hundred fifty dollars for the first occurrence. For each subsequent offense, the
fine shall be twice the amount of the original fine:
(a) Failure to maintain required insurance coverage.
(b) Use of an unauthorized vehicle to provide Medicaid transportation.
(c) Operation of a vehicle by an unauthorized driver in providing
Medicaid transportation.
(d) Failure to report to law enforcement authorities a vehicular accident
involving a vehicle used to provide Medicaid transportation.
(e) Failure to request or seek medical treatment for a client who is
injured while being served by the provider.
(f) Physical, mental, verbal, or sexual abuse of a client.
(g) Operation of a vehicle in violation of any of the requirements of
Title 32 of the Louisiana Revised Statutes of 1950, when such violation results
in death or injury to a client.
(h) Operation of a vehicle in violation of any of the requirements of the
rules promulgated pursuant to Subsection B of this Section when such
violation results in death or injury to a client.
(i) Attempting to obtain a new client or maintain an existing client by
offering illegal inducements to a prospective client, an existing client, or any
other person.
(2) Class B violations: Any provider found to have committed any of
the following violations shall be subject to a civil fine of not more than one
hundred dollars for the first offense. For each subsequent offense, the fine
shall be twice the amount of the original fine:
(a) Failure to report to the Louisiana Department of Health a vehicular
accident involving a vehicle used to provide Medicaid transportation.
(b) Operation of a vehicle in a violation of any of the requirements of
Title 32 of the Louisiana Revised Statutes of 1950, when such violation does
not result in death or injury to a client.
(c) Operation of a vehicle used to provide Medicaid transportation in
violation of any of the requirements of the rules promulgated pursuant to
Subsection B of this Section when such violation does not result in death or
injury to a client.
(d) Failure to provide the Louisiana Department of Health with
documentation of required insurance coverage.

Legislative History

Acts 1993, No. 470, §1, eff. June 9, 1993; Acts 1997, No. 618, §1; Acts 1999, No. 1116, §1; Acts 2001, No. 614, §1.