KRS 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) 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 wit h 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.

(2) 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) day s 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.

(3) A parent, guardian, or designee of the parent or guardian shall accompany any

minor under the age of thirteen (13) who is receiving hum an 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.

(4) 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 t ransportation 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 esco rt 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.