56th legislature - STATE OF NEW MEXICO - first session, 2023

RELATING TO TRANSPORTATION; AMENDING AND ENACTING SECTIONS OF THE TRANSPORTATION NETWORK COMPANY SERVICES ACT; PROVIDING FOR THE FACILITATION AND PROVISION OF NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES BY TRANSPORTATION NETWORK COMPANY DRIVERS; ESTABLISHING CONDITIONS; PROVIDING DEFINITIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. A new section of the Transportation Network Company Services Act is enacted to read:

"[NEW MATERIAL] PROVISION OF NON-EMERGENCY MEDICAL TRANSPORTATION.--

A. A transportation network company may connect a driver to a rider for the purpose of providing non-emergency medical transportation services, including a person receiving benefits from a medical assistance program established pursuant to Section 27-2-12 NMSA 1978.

B. The medical assistance division of the human services department shall promulgate rules necessary for the implementation of this section as soon as practicable. Except as provided in Subsection C of this section and as may otherwise be necessary to conform to applicable federal requirements for transportation of persons receiving benefits from the medicaid program, the requirements imposed by the medical assistance division of the human services department for transportation network companies and drivers to facilitate or provide non-emergency medical transportation for medicaid recipients, including requirements for enrollment and vehicle specifications, shall not exceed those imposed by the Transportation Network Company Services Act.

C. A transportation network company driver shall not provide a non-emergency medical transportation service to a medicaid recipient through a transportation network company's digital network prior to completion by the transportation network company of a:

(1) criminal background review of the driver pursuant to Section 65-7-12 NMSA 1978;

(2) review of whether the driver is listed as excluded from participation in the federal medicare, medicaid and other health care programs by the United States department of health and human services inspector general; and

(3) review of whether the driver is excluded from federal contracts, grants or other agreements by the United States general services administration as either a known fraudulent actor or as a fraud risk.

D. The medical assistance division of the human services department may require that, prior to facilitating non-emergency medical transportation services for medicaid recipients, a transportation network company be under contract with a transportation broker that is under contract with either:

(1) the medical assistance division of the human services department; or

(2) a managed care organization under contract with the medical assistance division of the human services department.

E. Prior to the adoption of rules promulgated pursuant to Subsection B of this section, a transportation network company operating under a valid permit issued pursuant to Section 65-7-4 NMSA 1978 that contracts with a transportation broker may facilitate non-emergency medical transportation services for medicaid recipients.

F. The provisions of Section 65-7-18 NMSA 1978 shall extend to the regulation of companies, drivers and vehicles facilitating or providing non-emergency medical transportation services as authorized in this section.

G. Nothing in this section shall be construed to authorize a company or a driver to provide ambulance services, as defined in Section 65-2A-3 NMSA 1978."

SECTION 2. Section 65-7-2 NMSA 1978 (being Laws 2016, Chapter 80, Section 2, as amended) is amended to read:

"65-7-2. DEFINITIONS.--As used in the Transportation Network Company Services Act:

A. "digital network" means an internet-supported application, software, program, website or system offered or utilized by a transportation network company that enables the prearrangement of transportation by passengers with transportation network company drivers;

B. "facilitate" means the connection of a driver to a passenger by a transportation network company for the provision of transportation services;

[B.] C. "personal vehicle" means a vehicle that is used by a transportation network company driver and is:

(1) owned, leased or otherwise authorized for use by a transportation network company driver; and

(2) not a taxicab or other vehicle for hire;

[C.] D. "prearranged ride" means transportation provided by a transportation network company driver, which shall be deemed to commence when a driver accepts a transportation request through a digital network and continue until all passengers have exited from the personal vehicle at the destination requested by the rider. "Prearranged ride" does not include shared-expense vanpool or carpool arrangements or transportation provided using a taxicab, limousine or other vehicle for hire pursuant to the Motor Carrier Act;

E. "transportation broker" means an entity managing and arranging for transportation under a non-emergency medical transportation brokerage program authorized by the United States department of health and human services for medicaid recipients;

[D.] F. "transportation network company" means a corporation, partnership, sole proprietorship or other entity that is licensed pursuant to the Transportation Network Company Services Act and lawfully operating in New Mexico that uses a digital network, but which shall not:

(1) be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network except where agreed to by written contract; or

(2) include any entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, including any driver for such an entity, but only when the driver is providing those services;

[E.] G. "transportation network company driver" or "driver" means an individual who:

(1) accepts a prearranged ride requested through a digital network and for a fee paid by a transportation network company rider to the transportation network company; and

(2) uses a personal vehicle to provide a prearranged ride through a digital network;

[F.] H. "transportation network company insurance" means a liability insurance policy that specifically covers a transportation network company driver's use of a transportation network company digital network; and

[G.] I. "transportation network company rider" or "rider" means a person who uses a digital network for a prearranged ride."

SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.