Ohio Admin. Code 173-3-06.6 - Older Americans Act: transportation
(A) Definitions for this rule:
(1) "Transportation" means a service that
transports a consumer from one place to another through the use of a provider's
vehicle and driver, and which may, or may not, include providing the consumer
with assistance to safely enter and exit the vehicle. "Transportation" does not
include the following:
(a) Trips otherwise
available, or funded by, Ohio's medicaid program or another source.
(b) Trips provided through a similar service
in this chapter or Chapter 173-4 of the Administrative Code.
(2) "Board of EMFTS" means the
state board of emergency medical, fire, and transportation services created
under section 4765.02 of the Revised
Code.
(3) "Bus" has the same
meaning as in section
4513.50 of the Revised
Code.
(4) "CLIA-certified
laboratory" means a laboratory that ODH lists as a "CLIA Lab" in active status
on the "Long-Term Care, Non Long-Term Care, & CLIA Health Care Provider
Search" (http://publicapps.odh.ohio.gov/eid/Provider_Search.aspx).
(5) "First responder" has the same meaning as
in division (A) of section
4765.01 of the Revised
Code.
(6) "EMT" means any of the
emergency medical technicians defined in division (A), (B), or (C) of section
4765.01 of the Revised
Code.
(B) Requirements
for every AAA-provider agreement for transportation paid, in whole or in part,
with Older Americans Act funds:
(1) General
requirements:
(a) The AAA-provider agreement
is subject to rule
173-3-06 of the Administrative
Code.
(b) Availability: The
provider shall possess a back-up plan that describes the process for
transporting or notifying consumers when the driver or vehicle is
unavailable.
(c) Assisted
transportation: The AAA-provider agreement shall list situations when drivers
need to provide consumers with assistance to safely enter and exit vehicles,
pick-up locations, and drop-off locations.
(2) Vehicle requirements:
(a) Maintenance: The provider shall maintain
vehicles according to the manufacturer's maintenance schedule for each vehicle
used to transport consumers. If the vehicle includes a wheelchair lift, the
provider shall maintain the wheelchair lift according to the manufacturer's
maintenance schedule for the wheelchair lift.
(b) Inspections: The provider shall conduct
the following inspections on each vehicle used to transport consumers. If the
vehicle includes a wheelchair lift, the provider's inspection shall include
inspecting the wheelchair lift:
(i) An annual
vehicle inspection on an ODA-approved form. The provider may use a vehicle for
transporting consumers only if a mechanic who is certified by the national
institute for automotive service excellence (i.e., "ASE-certified"), or another
mechanic approved by the AAA, inspected the vehicle no more than twelve months
before and answers all questions on the form in the affirmative.
(ii) A daily vehicle inspection on an
ODA-approved form. The provider may use a vehicle only if, before providing the
first trip of the day, the provider inspected the vehicle and answers all
questions on the form in the affirmative.
(c)
Exemptions:
Vehicles deemed
to comply:
(i) A vehicle possessing a
current, valid ambulance or ambulette license is
deemed to comply with paragraphs (B)(2)(a) and (B)(2)(b) of this rule by
providing the AAA with evidence of the vehicle's current, valid
ambulance or ambulette license.
(ii) A bus displaying a current, valid
safety-inspection decal issued by the state highway patrol under Chapter
4501-52 of the Administrative Code is deemed to comply with paragraph
(B)(2)(b)(i) of this rule. Providers using a vehicle with a current, valid
safety-inspection decal issued under section
4513.52 of the Revised Code may
demonstrate compliance with paragraph (B)(2)(b)(i) of this rule by providing
the AAA with evidence of the vehicle's current, valid decal.
(3) Driver
requirements:
(a) Statutory requirements to
hire: The provider may hire a person to be a driver only if the person meets
all the requirements for drivers under divisions (A)(3) and (B) of section
4766.14 of the Revised Code, as
amplified in paragraph (A)(8) of rule
4766-3-13 of the Administrative
Code, subject to the following conditions:
(i)
The applicant's first-aid training and cardiopulmonary-resuscitation training
came from a training organization approved by the board of EMFTS
(http://www.ems.ohio.gov/medical-transportation-faq.aspx)
( https://ems.ohio.gov/medical-transportation-licensing/help/help
) .
(ii)
The applicant's drug test results came from a CLIA-certified laboratory and
declared the applicant to be free of alcohol, amphetamines, cannabinoids (THC),
cocaine, opiates, or phencyclidine (PCP).
(iii) The provider complies with the
background-check requirements in Chapter 173-9 of the Administrative Code,
which exempts an applicant for a volunteer driver position and an applicant for
a position solely involving transporting consumers while working for a county
transit system, regional transit authority, or regional transit
commission.
(b)
Additional requirements to hire: The provider may hire a person to be a driver
only if the person meets all the following requirements:
(i) The applicant has held a current, valid
driver's license for at least two years.
(ii) The applicant holds any driver's license
endorsement necessary to operate the type of vehicle the applicant would
drive.
(iii) The applicant has the
ability to understand written, electronic, and oral instructions.
(iv) The applicant has the ability to provide
transportation assistance.
(v) The
applicant has the ability to comply with the trip-verification requirements in
paragraph (B)(4)(a) of this rule.
(c) Passenger-assistance training: The
provider may retain a driver only if the driver successfully completes a
passenger-assistance training course approved by the board of EMFTS
(http://www.ems.ohio.gov/medical-transportation-faq.aspx)
( https://ems.ohio.gov/medical-transportation-licensing/help/help
) no later than six months after the provider hires
the driver.
(d)
Exempted professionals:
Professionals deemed to comply: Providers hiring
an applicant with a current, valid license or
certificate to be
who is one or more of
the following professionals may demonstrate compliance with paragraphs
(B)(3)(a), (B)(3)(b), and (B)(3)(c) of this rule by providing the AAA with
evidence the applicant possesses a current, valid
license or certificate as one of the following professionals
is such a professional :
(i) An ambulette driver.
(ii) An EMT or first responder
or a candidate to be an EMT or first responder
who passed the board of EMFTS' curriculum for an EMT or first responder, but
does
has not
necessarily hold
yet obtained a current, valid certification for either
profession.
(iii) A driver for a
county transit system, regional transit authority, or regional transit
commission.
(4) Trip verification: The following are the
mandatory reporting items for each trip provided that a provider retains to
comply with the requirements under paragraph (B)(9) of rule
173-3-06 of the Administrative
Code:
(a) Consumer's name.
(b) Type of trip (transportation or assisted
transportation).
(c) Date of
trip.
(d) Pick-up location and time
of pick-up.
(e) Destination
location and time of drop-off.
(f)
Driver's name.
(g) The unique
identifier of the consumer or the consumer's caregiver to attest to receiving
the trip. During a state of emergency declared by the governor or a federal
public health emergency, the provider may verify each trip provided without
collecting the unique identifier of the consumer or the consumer's caregiver if
the provider collects the unique identifier of the driver to attest to
providing the trip.
(C) Unit and rate:
(1) A one-way trip is one unit of
transportation.
(2) The unit rate
in an AAA-provider agreement reflects the provider's fully-allocated costs,
including administrative and training costs.
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Rule Amplifies: 173.39, 173.392, 4766.14, 4766.15; 42 U.S.C. 3025, 3030d, 3032c, 3032e; 45 C.F.R. 1321.9, 1321.73
Prior Effective Dates: 12/16/2005 (Emer.), 03/30/2006, 02/15/2009, 09/24/2009, 02/14/2010, 09/02/2010, 03/12/2011, 03/01/2019, 06/11/2020 (Emer.), 12/31/2020, 01/29/2022, 01/01/2023, 07/01/2023
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) Definitions for this rule:
(1) "Transportation" means a service that transports a consumer from one place to another through the use of a provider's vehicle and driver, and which may, or may not, include providing the consumer with assistance to safely enter and exit the vehicle. "Transportation" does not include the following:
(a) Trips otherwise available, or funded by, Ohio's medicaid program or another source.
(b) Trips provided through a similar service in this chapter or Chapter 173-4 of the Administrative Code.
(2) "Board of EMFTS" means the state board of emergency medical, fire, and transportation services created under section 4765.02 of the Revised Code.
(3) "Bus" has the same meaning as in section 4513.50 of the Revised Code.
(4) "CLIA-certified laboratory" means a laboratory that ODH lists as a "CLIA Lab" in active status on the "Long-Term Care, Non Long-Term Care, & CLIA Health Care Provider Search" (http://publicapps.odh.ohio.gov/eid/Provider_Search.aspx).
(5) "First responder" has the same meaning as in division (A) of section 4765.01 of the Revised Code.
(6) "EMT" means any of the emergency medical technicians defined in division (A), (B), or (C) of section 4765.01 of the Revised Code.
(B) Requirements for every AAA-provider agreement for transportation paid, in whole or in part, with Older Americans Act funds:
(1) General requirements:
(a) The AAA-provider agreement is subject to rule 173-3-06 of the Administrative Code.
(b) Availability: The provider shall possess a back-up plan that describes the process for transporting or notifying consumers when the driver or vehicle is unavailable.
(c) Assisted transportation: The AAA-provider agreement shall list situations when drivers need to provide consumers with assistance to safely enter and exit vehicles, pick-up locations, and drop-off locations.
(2) Vehicle requirements:
(a) Maintenance: The provider shall maintain vehicles according to the manufacturer's maintenance schedule for each vehicle used to transport consumers. If the vehicle includes a wheelchair lift, the provider shall maintain the wheelchair lift according to the manufacturer's maintenance schedule for the wheelchair lift.
(b) Inspections: The provider shall conduct the following inspections on each vehicle used to transport consumers. If the vehicle includes a wheelchair lift, the provider's inspection shall include inspecting the wheelchair lift:
(i) An annual vehicle inspection on an ODA-approved form. The provider may use a vehicle for transporting consumers only if a mechanic who is certified by the national institute for automotive service excellence (i.e., "ASE-certified"), or another mechanic approved by the AAA, inspected the vehicle no more than twelve months before and answers all questions on the form in the affirmative.
(ii) A daily vehicle inspection on an ODA-approved form. The provider may use a vehicle only if, before providing the first trip of the day, the provider inspected the vehicle and answers all questions on the form in the affirmative.
(c) Exemptions: Vehicles deemed to comply:
(i) A vehicle possessing a current, valid ambulance or ambulette license is deemed to comply with paragraphs (B)(2)(a) and (B)(2)(b) of this rule by providing the AAA with evidence of the vehicle's current, valid ambulance or ambulette license.
(ii) A bus displaying a current, valid safety-inspection decal issued by the state highway patrol under Chapter 4501-52 of the Administrative Code is deemed to comply with paragraph (B)(2)(b)(i) of this rule. Providers using a vehicle with a current, valid safety-inspection decal issued under section 4513.52 of the Revised Code may demonstrate compliance with paragraph (B)(2)(b)(i) of this rule by providing the AAA with evidence of the vehicle's current, valid decal.
(3) Driver requirements:
(a) Statutory requirements to hire: The provider may hire a person to be a driver only if the person meets all the requirements for drivers under divisions (A)(3) and (B) of section 4766.14 of the Revised Code, as amplified in paragraph (A)(8) of rule 4766-3-13 of the Administrative Code, subject to the following conditions:
(i) The applicant's first-aid training and cardiopulmonary-resuscitation training came from a training organization approved by the board of EMFTS (http://www.ems.ohio.gov/medical-transportation-faq.aspx) ( https://ems.ohio.gov/medical-transportation-licensing/help/help ) .
(ii) The applicant's drug test results came from a CLIA-certified laboratory and declared the applicant to be free of alcohol, amphetamines, cannabinoids (THC), cocaine, opiates, or phencyclidine (PCP).
(iii) The provider complies with the background-check requirements in Chapter 173-9 of the Administrative Code, which exempts an applicant for a volunteer driver position and an applicant for a position solely involving transporting consumers while working for a county transit system, regional transit authority, or regional transit commission.
(b) Additional requirements to hire: The provider may hire a person to be a driver only if the person meets all the following requirements:
(i) The applicant has held a current, valid driver's license for at least two years.
(ii) The applicant holds any driver's license endorsement necessary to operate the type of vehicle the applicant would drive.
(iii) The applicant has the ability to understand written, electronic, and oral instructions.
(iv) The applicant has the ability to provide transportation assistance.
(v) The applicant has the ability to comply with the trip-verification requirements in paragraph (B)(4)(a) of this rule.
(c) Passenger-assistance training: The provider may retain a driver only if the driver successfully completes a passenger-assistance training course approved by the board of EMFTS (http://www.ems.ohio.gov/medical-transportation-faq.aspx) ( https://ems.ohio.gov/medical-transportation-licensing/help/help ) no later than six months after the provider hires the driver.
(d) Exempted professionals: Professionals deemed to comply: Providers hiring an applicant with a current, valid license or certificate to be who is one or more of the following professionals may demonstrate compliance with paragraphs (B)(3)(a), (B)(3)(b), and (B)(3)(c) of this rule by providing the AAA with evidence the applicant possesses a current, valid license or certificate as one of the following professionals is such a professional :
(i) An ambulette driver.
(ii) An EMT or first responder or a candidate to be an EMT or first responder who passed the board of EMFTS' curriculum for an EMT or first responder, but does has not necessarily hold yet obtained a current, valid certification for either profession.
(iii) A driver for a county transit system, regional transit authority, or regional transit commission.
(4) Trip verification: The following are the mandatory reporting items for each trip provided that a provider retains to comply with the requirements under paragraph (B)(9) of rule 173-3-06 of the Administrative Code:
(a) Consumer's name.
(b) Type of trip (transportation or assisted transportation).
(c) Date of trip.
(d) Pick-up location and time of pick-up.
(e) Destination location and time of drop-off.
(f) Driver's name.
(g) The unique identifier of the consumer or the consumer's caregiver to attest to receiving the trip. During a state of emergency declared by the governor or a federal public health emergency, the provider may verify each trip provided without collecting the unique identifier of the consumer or the consumer's caregiver if the provider collects the unique identifier of the driver to attest to providing the trip.
(C) Unit and rate:
(1) A one-way trip is one unit of transportation.
(2) The unit rate in an AAA-provider agreement reflects the provider's fully-allocated costs, including administrative and training costs.
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Rule Amplifies: 173.39, 173.392, 4766.14, 4766.15; 42 U.S.C. 3025, 3030d, 3032c, 3032e; 45 C.F.R. 1321.9, 1321.73
Prior Effective Dates: 12/16/2005 (Emer.), 03/30/2006, 02/15/2009, 09/24/2009, 02/14/2010, 09/02/2010, 03/12/2011, 03/01/2019, 06/11/2020 (Emer.), 12/31/2020, 01/29/2022, 01/01/2023, 07/01/2023