Or. Admin. Code § 410-136-3040
Current through Register Vol. 63, No. 10, October 1, 2024
Section 410-136-3040 - Vehicle Equipment and Subcontractor Standards(1) Brokerages shall require all subcontractors, providers, and drivers to maintain their vehicles for the comfort and safety of the clients. The vehicles shall meet the following requirements:(a) The interior of the vehicle shall be clean;(b) The subcontractor, provider, or driver shall not smoke, aerosolize or vaporize an inhalant or permit smoking, aerosolizing or vaporizing of an inhalant in the vehicle at any time; and(c) The subcontractor, provider, or driver shall comply with appropriate local, state, and federal transportation safety standards regarding passenger safety and comfort. The vehicle shall include, but is not limited to, the following safety equipment: (A) Safety belts for all passengers if the vehicle is legally required to provide safety belts;(D) Roadside reflective or warning devices;(F) Tire traction devices when appropriate;(G) Disposable gloves; and(H) All equipment necessary to transport clients using wheelchairs or stretchers in accordance with the Americans with Disabilities Act of 1990 (as amended) (ADA), Section 504 of the Rehabilitation Act of 1973, and Oregon Revised Statute 659A.103 if the subcontractor, provider, or driver uses the vehicle for these modes of transport.(2) The subcontractor, provider, and driver shall follow a preventative maintenance schedule that incorporates at least all the maintenance recommended by the vehicle manufacturer. The vehicle must be in good operating condition and shall include, but is not limited to: (a) Side and rear view mirrors;(c) Working turn signals;(e) Working taillights; and(f) Working windshield wipers.(3) Brokerages and subcontractors shall have and maintain records of inspection and compliance with the safety equipment and preventative maintenance requirements in (1) and (2) of this rule. All records shall be made available upon request for audit or review.(4) Brokerages shall require the subcontractors, providers, call-center employees, and drivers receive and successfully complete training on their job duties, roles, and responsibilities, including but not limited to: (a) Understanding NEMT services in general, reporting forms, vehicle operation, requirements for reporting of suspected fraud, abuse, or waste by any provider or client and the protections afforded to those who report FWA under applicable whistleblower laws in section 1902(a)(68) of the Social Security Act, and the geographic area in which subcontractors will provide service. Training shall be completed at the time of hire or contracting and at least annually;(b) Requiring the subcontractors' drivers to complete the National Safety Council Defensive Driving course or an equivalent course within six (6) months of the date of hire and at least every three (3) years thereafter;(c) Requiring the subcontractors' drivers to complete Red Cross-approved First Aid, Cardiopulmonary Resuscitation and blood spill procedures courses or equivalent courses within six (6) months of the date of hire and to maintain the certification as a condition of employment;(d) Requiring the subcontractors' drivers to complete the Passenger Service and Safety course or an equivalent course within six (6) months of the date of hire and at least every three (3) years after that;(e) Understanding established procedures for subcontractors and the subcontractors' drivers in the event that the client needs emergency care during the ride; and(f) If providing ground or air ambulance services, verifying that the Authority has licensed the subcontractor to operate ground or air ambulance. If the subcontractor is located in a contiguous state and regularly provides rides to OHP eligible clients, the brokerage must ensure that both the Authority and the contiguous state have licensed the subcontractor.(5) Brokerages shall require a subcontractor meet all the requirements of the Chapter 410 division 136 rules at all times to be eligible to receive payment, including but not limited to the following for each of subcontractors' drivers:(a) The subcontractor shall require each driver have a valid Oregon DMV-issued drivers license. Brokerages and subcontractors shall require drivers have current license and registration prior to providing an NEMT service. The driver's license must be the class of license, with any required endorsements, that permits the subcontractor's driver to legally operate the vehicle for which they are hired to drive per ORS Chapter 807 and OAR chapter 735, division 062, or the applicable statutes of other states; and(b) The subcontractors' drivers whether directly employed by the subcontractor or under contract must pass a criminal background check in accordance with ORS 181A.195 and OAR chapter 257, division 10, at the time of hire or contracting or if the brokerage is a mass transit district formed under ORS Chapter 267, the subcontractor's drivers must pass a criminal background check in accordance with ORS 267.237 and the mass transit district's background check policies. The brokerage or subcontractor must maintain records of background check results for each driver and may perform a background check at any time while the driver is employed or contracted. A driver who does not successfully pass a background check is not eligible to provide rides or receive payment by the brokerage or subcontractor.(6) For authorized out-of-state NEMT services described in OAR 410-136-3080, in which the subcontractor solely performs work in the other state and for which the brokerage has no oversight authority, the brokerage is not responsible for requiring that the subcontractor's vehicle and the subcontractor's standards meet the requirements set forth in this rule.Or. Admin. Code § 410-136-3040
DMAP 87-2015, f. 12-29-15, cert. ef. 1/1/2016; DMAP 95-2023, amend filed 12/22/2023, effective 1/1/2024Statutory/Other Authority: ORS 413.042
Statutes/Other Implemented: ORS 414.065