The Medicaid Coverage of Certain Medical Transportation under the Consolidated Appropriations Act, 2021 (Public Law 116-260) established provider and driver minimum requirements for participation in NET, excluding any public transit authority. Provider(s) and driver(s) must adhere to the following:

1. (1) Exclusions

   1. (a) Provider(s) and individual driver(s) must not be excluded from participation in any federal health care programs (as defined in section 1128B(f) of the Act).
   2. (b) Provider(s) and individual driver(s) must not appear on the Inspector General of the Department of Health and Human Services exclusion list.
2. (2) Individual driver(s) must possess a valid driver’s license.
3. (3) Provider(s) must have in place a process to address any violation(s) of state drug laws by an individual driver.
4. (4) Provider(s) must have in place a process to disclose to the state Medicaid program the driving history, including any traffic violations of each such driver employed by the Provider(s).

Author: Angela Johnson-Groves, Associate Director, Non-Emergency Transportation Program

Statutory Authority: State Plan; 42 C.F.R., Section 431.53, and Title XIX, Social Security Act.

History: New Rule: Published May 31, 2022; effective July 15, 2022.