S.F. 3205 clarifies the authority of the Commissioner of Transportation and the Commissioner of Human Services to enforce the special transportation services operating standards and the nonemergency medical transportation provider background checks.

Section 1 (174.30 – Applicability) strikes the exemption from the special transportation services operating standards for common carriers operating under a fixed route and schedule, and replaces it with an exception for public transit providers that receive financial assistance under the public transit participation program or from the Transportation Accessibility Advisory Committee.

Section 2 (174.30, subdivision 1a – Definition) adds a new definition of “disqualified” to clarify that an individual who is disqualified after a Department of Human Services background check remains disqualified for the purposes of the special transportation services even if the Commissioner of Human Services has rescinded a disqualification, unless the commissioner explicitly specifies that the disqualification is rescinded for the purposes of special transportation services.

Section 3 (174.30, subdivision 4 – Vehicle and equipment inspection) clarifies in statute that the Commissioner of Transportation may prohibit a vehicle from being used in the provision of special transportation services if the vehicle fails to meet the operating standards found in Minnesota Rules, chapter 8840.

Section 4 (174.30, subdivision 4a – Certification of special transportation provider) clarifies that the Commissioner of Transportation may refuse to issue a certificate of compliance with the special transportation operating standards whenever an owner, controlling individual, or managerial official is disqualified.

Section 5 (174.30, subdivision 8 – Loss of certificate of compliance) paragraph (a) specifies that the Commissioner of Transportation must provide a special transportation provider with written notice that the provider must immediately cease to permit any individual whom the Commissioner of Human Services has disqualified after a background check from performing any services or functions for the provider, and that the commissioner may revoke the provider’s certificate of compliance for failure to do so.

Paragraph (b) permits the Commissioner of Transportation to suspend or revoke a certificate of compliance if a provider does not comply with the requirements of the notice provided under paragraph (a).

Section 6 (174.30, subdivision 10 – Background studies) clarifies that in addition to services, the provision of which requires a background study, disqualified individuals cannot provide any function that requires a background study.  Section 6 also clarifies that in addition to Minnesota Statutes, section 245C.23, the Commissioner of Human Services also has authority to rescind a disqualification under section 245C.22.

Section 7 (256B.0625, subdivision 17 – Transportation costs) authorizes the Commissioner of Human Services to teminate, deny, or suspend a nonemergency medical transportation provider from enrollment as a Medical Assistance provider of nonemergency medical transportation services if (1) the provider fails to initiate required background studies on the owners, controlling individuals, and managerial agents of the provider, or (2) these individuals have been disqualified and their disqualification has not been rescinded by the commissioner of human services.