OAR 410-141-3935: Transportation: Attendants for Child and Special Needs Transports

(1) This rule applies to NEMT for children 12 years of age and under who are eligible for NEMT services to and from OHP-covered medical services. The rule also applies to members with special physical or developmental needs regardless of age. (2) Parents or guardians must provide an attendant to accompany these members while traveling to and from covered services and other purposes authorized by the CCO in accordance with OAR 410-141-3930(2) except when: (a) The driver is a Department of Human Services (Department) volunteer or employee or an Authority employee; (b) The member requires secured transport pursuant to OAR 410-141-3940 (Secured Transports); or (c) An ambulance provider transports the member for non-emergent services, and the CCO reimburses the ambulance provider at the ambulance transport rate, per CCO contract or non-contracted rate policy. (3) NEMT ambulance transports shall have an attendant when the CCO uses an ambulance to provide wheelchair or stretcher car or van rides. (4) The Department shall establish and administer written guidelines for members in the Department’s custody including written guidelines for volunteer drivers. If the Department’s requirements or administrative rules differ from this rule, the Department’s requirements or administrative rules take precedence. (5) An attendant may be the member’s mother, father, stepmother, stepfather, grandparent, or guardian. The attendant may also be any adult 18 years or older authorized by the member’s parent or guardian. (6) CCOs shall have the right to require the member’s parent or guardian to provide written authorization for an attendant other than the parent or guardian to accompany the member. (7) Neither the CCO nor its subcontractor shall bill additional charges for a member’s attendant. (8) For members who are 12 years or younger or members who have additional needs, an adult attendant must be present for all trips. (9) The member’s parent, guardian, or adult caregiver shall provide and install safety seats as required by ORS 811.210–811.225. An NEMT driver must not transport a member if a parent or guardian fails to provide a safety seat that complies with state law.