{"data":{"id":"us-ky/krs-281.873","jurisdiction":"us-ky","citation":"KRS 281.873","heading":"Definitions for this section and KRS 281.874 -- Determination of","body":"participants' eligibility for special carriers transport -- Escort or assistance for\nperson receiving transportation delivery services.\n(1) As used in this section and KRS 281.874, unless the context otherwise requires:\n(a) \"Certificate Type 01\" means a private automobile;\n(b) \"Certificate Type 02\" means a taxicab or similar for -profit motor carrier\nvehicle;\n(c) \"Certificate Type 03\" means a bus service;\n(d) \"Certificate Type 04\" means a nonprofit transit system;\n(e) \"Certificate Type 07\" means a specialty carrier certified to transport\nnonemergency, ambulatory disoriented persons;\n(f) \"Certificate Type 08\" means a specialty carrier, using ramp or lift -equipped\nvehicles in compliance wit h the Americans with Disabilities Act, certified to\ntransport nonemergency, nonambulatory persons;\n(g) \"Level of eligibility\" means the specialty transport classification a person is\ndesignated based upon the written recommendation of the person's personal\nphysician, physician assistant, advanced practice registered nurse, or qualified\nmental health professional that is used to establish the type of specialty\ntransport needed for the person; and\n(h) \"Qualified mental health professional\" shall have the same meaning as in KRS\n202A.011.\n(2) Except for members of the general public, the level of eligibility shall dictate both\nthe necessity and the type of special carrier transport for a person participating in\nthe human service transportation delivery program and shall ensure the person shall\nbe transported in the appropriate vehicle designed to accommodate the person's\nlevel of eligibility. The broker shall, upon request by a recipient, provide specialty\ncarrier transportation for a period up to thirty (30) day s without written\nrecommendation of the recipient's personal physician, physician assistant, advanced\npractice registered nurse, or qualified mental health professional. A broker shall be\nprohibited from changing or altering a person's level of eligibility  and the\naccompanying certificate type. A broker shall report questionable specialty\nclassifications to the cabinet.\n(3) A parent, guardian, or designee of the parent or guardian shall accompany any\nminor under the age of thirteen (13) who is receiving hum an service transportation\ndelivery program services. A parent, guardian, or designee of the parent or guardian\nmay accompany a minor between the ages of thirteen (13) and seventeen (17) who\nis receiving human service transportation delivery program services.\n(4) An escort shall not be required for any person aged thirteen (13) or older, unless the\nperson's physician, physician assistant, advanced practice registered nurse, or\nqualified mental health professional has recommended that the person be\ntransported with an escort based upon one (1) of the following criteria:\n(a) A history of a behavior that has resulted in harm to the person or to others\nwhile receiving human service transportation delivery program services;\n(b) A medical history of a behavior that  indicates that the person may be a danger\nto himself or herself or others; or\n(c) Information that the person may become violent in a transportation setting\nfrom the person's support coordinator, who is providing services under 907\nKAR 1:145 or any other Medicaid program, and also from the person's parent\nor guardian.\n(5) A requirement for an escort under subsection (4) of this section shall be removed\nupon the recommendation of the physician, physician assistant, advanced practice\nregistered nurse, or qualified mental health professional.\n(6) If an escort is required under subsection (4 ) of this section, the transportation\nprovider shall provide one (1) escort per vehicle to pick up each individual at his or\nher designated location, remain with the person during transport, and escort the\nperson to the designated health care provider or other covered service.\n(7) If a person receiving transportation delivery services under a Certificate Type 07 or\n08 is not required to have an escort under the provisions of subsection (4) of this\nsection, but needs assistance to and from the transportation  vehicle, the\ntransportation provider shall provide that service if the following conditions exist:\n(a) It would take less than five (5) minutes to accompany the person to and from\nthe transportation vehicle; and\n(b) The transportation provider can maintain visual contact with his or her vehicle\nif there are other persons receiving transportation delivery services remaining\nin the vehicle.\n(8) Any transportation provider that leaves a vehicle to accompany a person to or from\nthe transportation vehicle shall:\n(a) Turn off the vehicle engine and retain the key in his or her possession; or\n(b) Enable a transmission locking device that prohibits unauthorized use of the\nvehicle and retain the key in his or her possession.\n(9) If a person receiving human service t ransportation services does not require an\nescort under the provisions of subsection (4) of this section, but needs assistance to\nand from the vehicle, the transportation provider shall provide one (1) escort per\nvehicle if the conditions of paragraphs (a)  and (b) of subsection (7) of this section\ndo not exist.\n(10) If a state agency has been appointed as the guardian of a person receiving human\nservice transportation program services, the state shall ensure that the transportation\nprovider provides an esco rt when the person meets the criteria under subsection (4)\nof this section.\n(11) A parent, guardian, or designee of the parent or guardian accompanying a minor\nshall not be charged a fare.","path":["KRS Chapter 281"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44180","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:34Z","sha256":"6bc3b86997162cefff0833474563afe58241a0e76f0a8d48d175518917ac7c75","source_id":"us-ky","stale":false,"prev":"us-ky/krs-281.872","next":"us-ky/krs-281.874"},"notice":"GroundRules: Original legal text. Not legal advice."}