Section 443.12. Nonemergency Medical Transportation Services.--(a) The department shall amend the Commonwealth's State Plan under Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.) to provide nonemergency medical transportation services to eligible and enrolled medical assistance recipients utilizing a Statewide or regional full-risk brokerage model.
(b) Subject to Federal approval of the amendments to the Commonwealth's approved Title XIX State Plan, the department shall develop a proposal and solicit a broker to administer the program. A broker determined eligible by the department may submit a proposal. The department shall enter into a contract with each broker whose proposal has been selected to administer the program.
(c) The department shall issue the solicitation for a Statewide or regional full-risk brokerage model within one hundred eighty days after the effective date of this subsection.
(d) The department may not enter into a contract with a broker under subsection (b) prior to the completion of the analysis required under subsection (e). ((d) added June 28, 2019, P.L.168, No.19)
(e) Prior to the implementation of the full-risk brokerage model, the department, in coordination with the Department of Transportation and the Department of Aging, shall commission an analysis that provides at a minimum the following:
(1) An analysis of current Federal and State law, regulations and policies controlling the nonemergency medical transportation and other human services transportation programs administered in the Commonwealth, including the authorized methods of delivery and limitations or restrictions imposed on the methods of delivery.
(2) An analysis of the effectiveness and efficiency of the current nonemergency transportation service delivery as it relates to all human service programs in this Commonwealth.
(3) A review of other states' models of delivering nonemergency medical and other human services transportation, including the number of other states that utilize a full-risk brokerage model and the effect a brokerage model has had on public transit in those states.
(4) An analysis of the positive and negative impact of maintaining the current transportation delivery model versus implementing a full-risk brokerage model as it relates to the State and local government entities, including financial impact.
(5) An analysis of the impact on consumers, including an increase or decrease in quality and service availability.
((e) added June 28, 2019, P.L.168, No.19)
(f) The analysis under subsection (e) shall be completed no later than one hundred eighty days from the effective date of this subsection. A preliminary report of the analysis under subsection (e) shall be completed no later than ninety days from the effective date of this subsection. The analysis under subsection (e) and the preliminary report under this subsection shall be delivered to the following:
(1) The Secretary of Human Services.
(2) The Secretary of Aging.
(3) The Secretary of Transportation.
(4) The chairperson and minority chairperson of the Appropriations Committee of the Senate.
(5) The chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(6) The chairperson and minority chairperson of the Health and Human Services Committee of the Senate.
(7) The chairperson and minority chairperson of the Health Committee of the House of Representatives.
((f) added June 28, 2019, P.L.168, No.19)
(g) The department, in consultation with the Department of Aging and the Department of Transportation, shall conduct a study regarding the use of a brokerage model to provide nonemergency medical transportation services to eligible and enrolled medical assistance recipients. The study shall provide all of the following:
(1) An analysis of current Federal and State laws, regulations and policies controlling the nonemergency medical transportation and other human services transportation programs administered in this Commonwealth, including the authorized methods of delivery and limitations or restrictions imposed on the methods of delivery.
(2) An analysis of the effectiveness and efficiency of the current nonemergency transportation service delivery as it relates to each human service program in this Commonwealth.
(3) A review of other states' models of delivering nonemergency medical and other human services transportation, including the number of other states that utilize a brokerage model and the effect a brokerage model has had on public transit in those states.
(4) An analysis of the positive and negative impact of maintaining the current transportation delivery model versus implementing a brokerage model as it relates to the State and local government entities, including financial impact.
(5) An analysis of the impact on consumers, including an increase or decrease in quality and service availability.
((g) added Nov. 12, 2025, P.L.235, No.46)
(h) The study under subsection (g) shall be completed no later than 180 days from the effective date of this subsection and be delivered to the following:
(1) The Secretary of Aging.
(2) The Secretary of Human Services.
(3) The Secretary of Transportation.
(4) The chairperson and minority chairperson of the Appropriations Committee of the Senate.
(5) The chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.
(6) The chairperson and minority chairperson of the Health and Human Services Committee of the Senate.
(7) The chairperson and minority chairperson of the Health Committee of the House of Representatives.
((h) added Nov. 12, 2025, P.L.235, No.46)
(443.12 added June 22, 2018, P.L.258, No.40)