KRS 281.875: Administrative regulations governing human service transportation

delivery program -- Requirement for documentation -- Preferential treatment

by cabinet prohibited -- Handbook.

(1) The cabinet shall promulgate administrative regulations governing, but not limited

to, the following provisions of the human service transportation delivery program:

(a) Establishment of one (1) or more specific delivery areas;

(b) The length of the term of the contract to be signed with a broker and the

criteria to be used to terminate a contract;

(c) Contractual matters to be specified in a request for proposals from brokers

including, but not limited to:

1. Establishment and maintenance of a central business office within the

delivery area;

2. Staffing requirements for the central business office;

3. Collection and retention of records to be maintained by each broker and

subcontractor;

4. Collection and retention of encounter data on each trip made by the

broker if the broker provides transportation services and by each

subcontractor. Failure of a broker to record all data required by the

cabinet for all trips the broker provided under the human service

transportation delivery program shall be grounds for the cabinet to

terminate the broker's contract;

5. Reporting of all tr affic accidents and moving violations involving either

a broker or subcontractor; and

6. Submission of annual financial reports by each broker;

(d) Criteria for evaluating and selecting a broker subject to the provisions of

subsections (2) and (3) of this section;

(e) Identification of all federal statutes, federal rules, and federal administrative

regulations with which state agencies, brokers, and subcontractors must

comply;

(f) Uniform criteria for establishing capitated rates, fees, and reimbursement

procedures for all delivery areas, including a mandate that brokers shall have

all reports necessary for payment to the cabinet not later than the seventh of

each month. The mandate shall also include a requirement that the cabinet

shall pay brokers not lat er than the fifteenth of each month if the broker has

submitted all required reports. A broker shall promptly reimburse

subcontractors within three (3) business days of payment by the cabinet;

(g) Uniform responsibilities for all brokers and subcontractors including

provisions for reservations and trip assignments, quality assurance,

administrative oversight, and reporting;

(h) Uniform criteria for contractual agreements between subcontractors and

brokers in all delivery areas;

(i) Uniform criteria governing the authorized provision of transportation services

offered by brokers in all delivery areas;

(j) Uniform guidelines brokers shall be required to adopt to educate persons in

the delivery area regarding:

1. Procedures for scheduling transportation service s including the broker's

normal hours of operation and how to schedule transportation after

normal hours of operation, including Sundays and all holidays;

2. Rates for services;

3. Information the person shall be required to provide the broker when

requesting transportation;

4. Types of eligible transportation, including pick -up and delivery

standards and reasons service may be denied;

5. Permissibility of escorts and attendants;

6. Procedures governing requests for urgent care;

7. Standards for driver conduct;

8. Standards for passenger conduct; and

9. Oral and written instructions governing the complaint process and how

to lodge a complaint against a subcontractor or broker;

(k) Vehicle requirements governing all vehicles operated by brokers or

subcontractors to transport persons under the human service transportation

delivery program;

(l) Driver qualifications including driver, attendant, and service personnel

training;

(m) Minimum standards to be included in a mandatory orientation program

provided by the broker for all subcontractors in the delivery area;

(n) Minimum standards governing volunteer and public transportation services;

(o) Minimum standards governing an operational procedures manual to be

developed by all brokers;

(p) Minimum standards governing a quality assurance plan to be developed by all

brokers;

(q) Performance monitoring by the cabinet of brokers and subcontractors; and

(r) Standards governing uniform software that all brokers shall be required to use

to ensure the uniform collection of data and to facilitate the production and

analysis of uniform reports relating to the human service transportation

delivery system.

(2) A person that submits a request for proposal to be a broker under the human service

transportation delivery program sha ll be required to submit documentation that he

or she has at least one (1) year experience working with persons with special needs.

(3) The cabinet shall be prohibited from awarding higher scores, or giving any type of

preferential treatment to, any person that submits a request for proposal to be a

broker who is also a transportation provider over a person who submits a request to

be a broker but who is not a transportation provider.

(4) The cabinet shall develop a handbook specifying standard operating pr ocedures,

which shall be distributed to all providers and shall be made available to the general

public.