Section 540A.0152 - [Effective 4/1/2025] Rules For Nonmedical Transportation Services(a) The executive commissioner shall adopt rules regarding the manner in which nonmedical transportation services may be arranged and provided.(b) The rules must require a Medicaid managed care organization to create a process to: (1) verify that a passenger is eligible to receive nonmedical transportation services;(2) ensure that nonmedical transportation services are provided only to and from covered health care services in areas in which a transportation network company operates; and(3) ensure the timely delivery of nonmedical transportation services to a recipient, including by setting reasonable service response goals.(c) The rules must require a transportation vendor to, before permitting a motor vehicle operator to provide nonmedical transportation services: (1) confirm that the operator:(A) is at least 18 years of age;(B) maintains a valid driver's license issued by this state, another state, or the District of Columbia; and(C) possesses proof of registration and automobile financial responsibility for each motor vehicle to be used to provide nonmedical transportation services;(2) conduct, or cause to be conducted, a local, state, and national criminal background check for the operator that includes the use of: (A) a commercial multistate and multijurisdiction criminal records locator or other similar commercial nationwide database; and(B) the national sex offender public website the United States Department of Justice or a successor agency maintains;(3) confirm that any vehicle to be used to provide nonmedical transportation services:(A) meets the applicable requirements of Chapter 548, Transportation Code; and(B) except as provided by Section 540A.0156, has at least four doors; and(4) obtain and review the operator's driving record.(d) The rules may not permit a motor vehicle operator to provide nonmedical transportation services if the operator: (1) has been convicted in the three-year period preceding the issue date of the driving record obtained under Subsection (c)(4) of: (A) more than three offenses the Department of Public Safety classifies as moving violations; or(B) one or more of the following offenses: (i) fleeing or attempting to elude a police officer under Section 545.421, Transportation Code;(ii) reckless driving under Section 545.401, Transportation Code;(iii) driving without a valid driver's license under Section 521.025, Transportation Code; or(iv) driving with an invalid driver's license under Section 521.457, Transportation Code;(2) has been convicted in the preceding seven-year period of any of the following: (A) driving while intoxicated under Section 49.04 or 49.045, Penal Code;(B) use of a motor vehicle to commit a felony;(C) a felony crime involving property damage;(F) an act of violence; or(G) an act of terrorism; or(3) is found to be registered in the national sex offender public website the United States Department of Justice or a successor agency maintains. (Gov. Code, Secs. 533.00258(b), (c), (e), (f).)Tex. Gov't. Code § 540A.0152
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 769,Sec. 1.01, eff. 4/1/2025.