12/5/13 : Texas Register Texas Register TITLE 1 PART 15 CHAPTER 380 SUBCHAPTER E RULE §380.501 ISSUE ACTION ADMINISTRATION TEXAS HEALTH AND HUMAN SERVICES COMMISSION MEDICAL TRANSPORTATION PROGRAM REGIONAL CONTRACTED BROKERS Standards for Motor Vehicles 08/02/2013 Final/Adopted Preamble Texas Admin Code Rule A regional contracted broker, as defined in §380.101 of this title (relating to Definitions of Terms), must ensure the following minimum standards regarding the physical condition and maintenance of motor vehicles used to provide MTP services. (1)All motor vehicles used to provide MTP services for the regional contracted broker must: (A)meet or exceed warranty and component standards for both state and federal safety mechanical operating and maintenance standards; (B)be identified with the transportation provider name and vehicle number using letters that are at a minimum six inches in height; and (C)be equipped with: (i)functioning, clean, and accessible seat belts for each passenger seat position that must be stored off the floor when not in use; (ii)an operating speedometer and odometer; (iii)working interior lights within the passenger compartment; (iv)adequate interior sidewall padding and ceiling covering; (v)two exterior rear view mirrors, one on each side of the vehicle; (vi)an interior mirror, which should be used for monitoring the passenger compartment; (vii)a clean interior and exterior (which must be free of broken mirrors or windows, excessive grime, rust, chipped paint, and major dents); (viii)a functional fire extinguisher (which must be secured within reach of the motor vehicle operator and visible to passengers); info.sos.state.tx.us/pls/pub/regviewer$ext.RegPage?sl=R&app=1&p_dir=&p_rloc=272250&p_tloc=&p_ploc=&pg=1&p_reg=272250&ti=1&pt=15&ch=380&rl=50… 1/2 12/5/13 : Texas Register (ix)a first aid kit (which must include at a minimum latex gloves, hazardous waste disposal bags, scrub brush, disinfectant, and deodorizer); (x)working heating and cooling systems adequate for the heating, cooling, and ventilation needs of both the motor vehicle operator and the passengers; and (xi)signage posted within the vehicle that reads: "No Smoking, Eating or Drinking." "All passengers must wear seat belts." "Concealed Weapons Prohibited." (2)All motor vehicles used to provide MTP services for the regional contracted broker must comply with all applicable state and federal laws, including the Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (36 CFR 1192), Federal Motor Vehicle Safety Standards (49 CFR 571), and Chapter 547 of the Texas Transportation Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on July 17, 2013 TRD-201302939 Steve Aragon Chief Counsel Texas Health and Human Services Commission Effective date: August 6, 2013 Proposal publication date: April 26, 2013 For further information, please call: (512) 424-6900 Next Page Re-Query Register Database Previous Page Back to List info.sos.state.tx.us/pls/pub/regviewer$ext.RegPage?sl=R&app=1&p_dir=&p_rloc=272250&p_tloc=&p_ploc=&pg=1&p_reg=272250&ti=1&pt=15&ch=380&rl=50… 2/2 12/5/13 : Texas Register Texas Register TITLE 1 PART 15 CHAPTER 380 SUBCHAPTER E RULE §380.502 ISSUE ACTION ADMINISTRATION TEXAS HEALTH AND HUMAN SERVICES COMMISSION MEDICAL TRANSPORTATION PROGRAM REGIONAL CONTRACTED BROKERS Standards for Motor Vehicle Operators 08/02/2013 Final/Adopted Preamble Texas Admin Code Rule For any motor vehicle operator providing or seeking to provide MTP services through the regional contracted broker, the regional contracted broker must: (1)verify that the motor vehicle operator has a valid driver's license. A motor vehicle operator without a valid driver's license may not provide transportation services under the MTP; (2)check the driving record information of the motor vehicle operator that is maintained by the Department of Public Safety (DPS) under Chapter 521, Subchapter C, Transportation Code. A motor vehicle operator who does not meet driving history requirements as specified in the contract between the Health and Human Services Commission (HHSC) and the regional contracted broker may not provide transportation services under the MTP; (3)check the public criminal record information of the motor vehicle operator that is maintained by DPS and made available to the public through the DPS website. A motor vehicle operator who does not meet criminal history requirements as specified in the contract between HHSC and the regional contracted broker may not provide transportation services under the MTP; and (4)require all motor vehicle operators to receive training on the following topics: (A)passenger safety (training to occur at least annually); (B)passenger assistance (training to occur at least annually); (C)assistive devices, including wheelchair lifts, tie-down equipment, and child safety seats (training to occur at least annually); (D)non-discrimination, sensitivity, and diversity; (E)customer service; (F)defensive driving techniques (training to occur at least every two years); (G)prohibited behavior by motor vehicle operators, including use of offensive language, use of tobacco, info.sos.state.tx.us/pls/pub/regviewer$ext.RegPage?sl=R&app=1&p_dir=&p_rloc=272251&p_tloc=&p_ploc=&pg=1&p_reg=272251&ti=1&pt=15&ch=380&rl=50… 1/2 12/5/13 : Texas Register alcohol or drugs, and sexual harassment; and (H)any other additional training HHSC determines to be necessary. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on July 17, 2013 TRD-201302939 Steve Aragon Chief Counsel Texas Health and Human Services Commission Effective date: August 6, 2013 Proposal publication date: April 26, 2013 For further information, please call: (512) 424-6900 Next Page Re-Query Register Database Previous Page Back to List info.sos.state.tx.us/pls/pub/regviewer$ext.RegPage?sl=R&app=1&p_dir=&p_rloc=272251&p_tloc=&p_ploc=&pg=1&p_reg=272251&ti=1&pt=15&ch=380&rl=50… 2/2
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