Or. Admin. Code § 410-136-3100 - Attendants for Child Transports
(1)
This rule applies to non-emergent medical transportation (NEMT) for children
twelve (12) years of age and under who are eligible for NEMT services to and
from Oregon Health Plan (OHP) and RHAF covered medical services. The rule also
applies to children and young adults with special physical or developmental
needs, regardless of age, hereafter referred to as "child" or
"children."
(2) Parents or legal
guardians must provide an attendant to accompany the children while traveling
to and from medical appointments except when:
(a) The driver is a DHS volunteer, DHS
employee or an Authority employee;
(b) The child requires secured transport per
OAR 410-136-3120, Secured
Transports;
(c) An ambulance
subcontractor transports the child for NEMT services, and the brokerage
reimburses the ambulance subcontractor at the ambulance transport rate;
or
(d) The child is enrolled in
RHAF and seeking RHAF covered services.
(3) Attendants are required for NEMT
ambulance transports when the brokerage uses an ambulance to provide wheelchair
or stretcher car or van rides.
(4)
ODHS shall establish and administer written guidelines for children in the
department's custody, including written guidelines for volunteer drivers. If
ODHS's requirements or administrative rules differ from this rule, ODHS's
requirements or administrative rules take precedence.
(5) An attendant may be the mother, father,
stepmother, stepfather, grandparent or legal guardian of the child. The
attendant also may be any adult that the parent or legal guardian authorizes to
be an attendant. An attendant also may be a brother, sister, stepbrother or
stepsister of the child, as long as the attendant is at least eighteen (18)
years of age, and the parent or legal guardian authorizes it. An attendant also
may be a behavioral health personal care attendant allowed to accompany the
client in accordance with OAR
410-172-0780.
(6) Brokerages or their subcontractors may
require the child's parent or legal guardian to provide written authorization
for an attendant other than themselves to accompany the child.
(7) Brokerages or their subcontractors shall
not bill additional charges for a child's attendant.
(8) The attendant must accompany the child
from the pick-up location to the destination and on the return trip. The
attendant must also remain with the child during their appointment. Another
person shall not accompany the attendant unless the parent or legal guardian
authorizes it or unless the other person is an eligible child traveling to the
same location for a medical appointment.
(9) The parent, guardian or adult caregiver
for the child shall provide and install child safety seats as required by state
law. The subcontractor shall not transport a child if a parent or legal
guardian fails to provide a child safety seat that complies with state
law.
Notes
Statutory/Other Authority: ORS 413.042
Statutes/Other Implemented: ORS 414.065
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