OAR 410-141-3925: Transportation: Vehicle Equipment and Driver Standards

(1) This rule does not apply to ambulance providers, ambulance vehicles, or ambulance personnel that are licensed and regulated by ORS Chapter 682 and OAR chapter 333, divisions 250, 255, 260 and 265, whether providing ambulance or stretcher transports. (2) The CCO shall require all vehicles used for NEMT services to meet the following requirements for the comfort and safety of the members: (a) The interior of the vehicle shall be clean and free from any debris impeding a member’s ability to ride comfortably; (b) Smoking, aerosolizing or vaporizing of inhalants is prohibited in the vehicle at all times in accordance with ORS 433.835 to 433.990 and OAR 333-015-0025 to 333-015-0090; and (c) Compliance with all applicable local, state, and federal transportation laws regarding vehicle and passenger safety standards and comfort. All vehicles shall include, without limitation, the following safety equipment: (A) Safety belts for all passengers if the vehicle is legally required to provide safety belts; (B) First aid kit; (C) Fire extinguisher; (D) Roadside reflective or warning devices; (E) Flashlight; (F) Tire traction devices when appropriate; (G) Disposable gloves; and (H) All equipment necessary to securely transport members 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. (3) A preventative maintenance schedule shall be followed for each vehicle that incorporates at least all of the maintenance recommended by the vehicle manufacturer. The vehicle must be in good operating condition and shall include, but is not limited to, the following equipment: (a) Side and rearview mirrors; (b) Horn; (c) Heating, air conditioning, and ventilation systems; and (d) Working turn signals, headlights, taillights, and windshield wipers. (4) Prior to hiring an NEMT driver, the CCO shall require the following: (a) The driver must have a valid driver license. The license must be the class of license with any required endorsements that permits the driver to legally operate the vehicle for which they are hired to drive pursuant to ORS chapter 807 and OAR chapter 735, division 062, or the applicable statutes of other states; (b) The driver shall not be included on the exclusion list maintained by the Office of the Inspector General; and (c) The driver must pass a criminal background check in accordance with ORS 181A.195 and 181A.200, and OAR chapter 257, division 10. If the driver is employed by a mass transit district formed under ORS Chapter 267, the driver must pass a criminal background check in accordance with ORS 267.237 as well as the mass transit district’s background check policies. A CCO shall have an exception process to the criminal background check requirement that may allow approval of a driver with a criminal background under certain circumstances. The exception process must include review and consideration of when the crime occurred, the nature of the offense, and any other circumstances to ensure that the member is not at risk of harm from the driver. Any approvals made through the exception process must be documented and maintained for 10 calendar years, even if the CCO is no longer a Medicaid enrolled provider before the end of the three years. The Authority may request this information at any time during the three-year retention period; (d) Pursuant to the Consolidated Appropriations Act, 2021, Division CC, Title II, Section 209 drivers must disclose to the CCO or its Subcontracted transportation provider any violation of a state drug law and his or her driving history, including any traffic violations. (5) Drivers authorized to provide NEMT services must receive training on their job duties and responsibilities including: (a) Understanding NEMT services in general, reporting forms, vehicle operation, requirements for fraud and abuse reporting, and the geographic area in which drivers will provide service; (b) Completing the National Safety Council Defensive Driving course or equivalent within three months of the date of hire and at least every three years thereafter; (c) Completing and maintaining certification for Red Cross-approved First Aid, Cardiopulmonary Resuscitation, and blood spill procedures courses or equivalent prior to driving any members; (d) Completing the Passenger Service and Safety course or equivalent course within three months of the date of hire and at least every three years thereafter; (e) Understanding the CCO’s established procedures for responding to a member’s needs for emergency care should they arise during the ride; and (f) Understanding of and compliance with all state driving and transportation laws. (g) Pursuant to the Consolidated Appropriations Act, 2021, Division CC, Title II, Section 209, drivers must disclose to the CCO (or its Subcontracted transportation provider) any violation of a state drug law and any changes in his or her driving history, including any traffic violations. (6) Emergency Medical Technicians (EMT) licensed under OAR Chapter 333, Division 265 may be hired as an NEMT driver provided the CCO: (a) Verifies the individual’s EMT license is current, is in good standing with the Authority, and then re-verifies the license annually; (b) Verifies the EMT is not on the exclusion list maintained by the Office of the Inspector General; (c) Verifies the EMT has successfully completed the training required under subsections 5(b) and (d) of this rule. (d) Conducts its own criminal background check on the EMT in accordance with section (4)(c) of this rule; and (e) Completes the training required under subsection (5)(a) of this rule. (7) For authorized out-of-state NEMT services in which the transportation provider solely performs work in the other state and for which the CCO has no oversight authority, the CCO is not responsible for requiring that the subcontractor’s vehicle and standards meet the requirements set forth in this rule.