KRS 281.874: Freedom of choice for participants in human service delivery program --

Duties of broker.

(1) Persons participating in the human service transportation delivery program that

have a level of eligibility that dictates they be transported under a Certifi cate Type

07 or 08 shall be ensured the freedom of personal choice in selecting either an

eligible subcontractor within the delivery area, or the broker for the area if the

broker also provides transportation services, to provide the person's transportatio n

services.

(2) A person expressing a personal preference under subsection (1) of this section shall

contact the broker to arrange transportation services, even if the person is requesting

an eligible subcontractor to provide the service. If a person does not express a

preference for whom that person wishes to transport the person under subsection (1)

of this section, the broker shall determine the eligible subcontractor to provide the

service. The broker may select himself or herself if the broker also pro vides

transportation services, however, the broker shall establish a system that fairly and

equitably distributes requests for transportation services in the delivery area among

the broker and all subcontractors certified to transport Certificate Type 07 o r

Certificate Type 08.

(3) All brokers shall consider their ability to allow persons with an eligibility level that

dictates they be transported under a Certificate Type 02 to request the freedom of

personal choice in the selection of who will provide the person's transportation

services. A broker may offer freedom of choice to persons with a Certificate Type

02.