OAR 410-136-3040
Vehicle Equipment and Subcontractor Standards
(1)
Brokerages shall require subcontractors to maintain their vehicles for the comfort and safety of the clients. The vehicles shall meet the following requirements:(a)
The interior of the vehicle shall be clean;(b)
The subcontractor shall not smoke, aerosolize or vaporize an inhalant or permit smoking, aerosolizing or vaporizing of an inhalant in the vehicle at any time; and(c)
The subcontractor shall comply with appropriate local, state, and federal transportation safety standards regarding passenger safety and comfort. The vehicle shall include, but is not limited to, the following safety equipment:(A)
Safety belts for all passengers if the vehicle is legally required to provide safety belts;(B)
A first aid kit;(C)
A fire extinguisher;(D)
Roadside reflective or warning devices;(E)
A flashlight;(F)
Tire traction devices when appropriate;(G)
Disposable gloves; and(H)
All equipment necessary to transport clients using wheelchairs or stretchers if the subcontractor uses the vehicle for these modes of transport.(2)
The subcontractor shall follow a preventative maintenance schedule that incorporates at least all of the maintenance recommended by the vehicle manufacturer. The vehicle must be in good operating condition and shall include, but is not limited to:(a)
Side and rear view mirrors;(b)
A horn; and(c)
Working turn signals, headlights, taillights and windshield wipers.(3)
Brokerages shall require the subcontractors’ drivers to receive training on their job duties and responsibilities, including:(a)
Understanding NEMT services in general, reporting forms, vehicle operation, requirements for fraud and abuse reporting and the geographic area in which subcontractors will provide service;(b)
Requiring the subcontractors’ drivers to complete the National Safety Council Defensive Driving course or an equivalent course within six months of the date of hire and at least every three years thereafter;(c)
Requiring the subcontractors’ drivers to complete Red Cross-approved First Aid, Cardiopulmonary Resuscitation and blood spill procedures courses or equivalent courses within six months of the date of hire and to maintain the certification as a condition of employment;(d)
Requiring the subcontractors’ drivers to complete the Passenger Service and Safety course or an equivalent course within six months of the date of hire and at least every three years thereafter;(e)
Understanding established procedures for subcontractors and the subcontractors’ drivers in the event that the client needs emergency care during the ride; and(f)
If providing ground or air ambulance services, verifying that the Authority has licensed the subcontractor to operate ground or air ambulance. If the subcontractor is located in a contiguous state and regularly provides rides to OHP eligible clients, the brokerage must ensure that both the Authority and the contiguous state have licensed the subcontractor.(4)
Brokerages shall require the following when hiring a subcontractor:(a)
The subcontractor’s driver must have valid driver license. The license must be the class of license, with any required endorsements, that permits the subcontractor’s driver to legally operate the vehicle for which they are hired to drive per ORS Chapter 807 (Driving Privileges and Identification Cards) and OAR chapter 735, division 062, or the applicable statutes of other states; and(b)
The subcontractor’s drivers must pass a criminal background check in accordance with ORS 181.534 and 181.537 and OAR chapter 257, division 10, or if the brokerage is a mass transit district formed under ORS Chapter 267 (Mass Transit Districts), the subcontractor’s drivers must pass a criminal background check in accordance with ORS 267.237 (Criminal records check) and the mass transit district’s background check policies. The brokerage may request an exception to this requirement in writing to the Authority, but only the Authority may grant the exception. Approval of the exception is dependent upon when the crime occurred, the nature of the offense, and any other circumstances to ensure that the client is not at risk of harm from the subcontractor. If approved, the Authority shall document the approval within 30 days of the request.(5)
For authorized out-of-state NEMT services in which the subcontractor solely performs work in the other state and for which the brokerage has no oversight authority, the brokerage is not responsible for requiring that the subcontractor’s vehicle and the subcontractor’s standards meet the requirements set forth in this rule.
Source:
Rule 410-136-3040 — Vehicle Equipment and Subcontractor Standards, https://secure.sos.state.or.us/oard/view.action?ruleNumber=410-136-3040.