OAR 410-136-3260
Modifications Based on Client Circumstances


(1)

Brokerages may impose reasonable modifications on NEMT services when the client:

(a)

Is threatening harm to the driver or others in the vehicle;

(b)

Has a health condition that creates health or safety concerns to the driver or others in the vehicle;

(c)

Has other behaviors or circumstances that place the driver or others in the vehicle at risk of harm;

(d)

Frequently does not show up for scheduled rides;

(e)

Frequently cancels the ride on the day of the scheduled ride time;

(f)

Has behaviors that cause local medical providers or facilities to refuse to provide further services without imposing modifications; or

(g)

Has special needs that require special accommodations.

(2)

Reasonable modifications include, but are not limited to requiring the client to:

(a)

Use a specific transportation subcontractor;

(b)

Travel with an attendant;

(c)

Use public transportation where available;

(d)

Drive themselves or locate someone to drive them and receive mileage reimbursement; or

(e)

Confirm the ride with the brokerage on the day of or the day before the scheduled ride.

(3)

Before requiring any modifications, the brokerage shall talk with the client about the reason for imposing a modification, explore modifications that are appropriate to the needs of the client and that address the health and safety concerns of the brokerages. The brokerage or client may include the client’s worker, PHP or CCO in the discussion. The client may include other individuals in the discussion.

(4)

Brokerages may not make a reasonable modification based on the criteria in section (1)(a)-(g) above that results in a denial of NEMT services to a client and must make all reasonable efforts to offer an appropriate alternative to meet the client’s needs under the circumstances.

Source: Rule 410-136-3260 — Modifications Based on Client Circumstances, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=410-136-3260.

Last Updated

Jun. 8, 2021

Rule 410-136-3260’s source at or​.us