To enact sections 5111.028 and 5111.029 of the Revised Code to modify the Medicaid program's reimbursement rate for medical transportation services.

Section 1. That sections 5111.028 and 5111.029 of the Revised Code be enacted to read as follows:

Sec. 5111.028. (A) As used in this section and section 5111.029 of the Revised Code:

"Fiscal biennium" means a period of time beginning the first day of July of an odd-numbered calendar year and ending the last day of June of the next odd-numbered calendar year.

"Medical transportation services" means the services of a land ambulance, air ambulance, or ambulette provider.

"Respond but not transport service" means the service of a land ambulance, air ambulance, or ambulette provider responding to a medicaid recipient's emergency situation and treating the recipient but not transporting the recipient.

(B) The director of job and family services shall adopt rules under section 5111.02 of the Revised Code governing the medicaid program's coverage of medical transportation services. The rules shall do all of the following:

(1) Provide for the medicaid program to cover the respond but not transport service as part of medical transportation services.

(2) Include a mechanism by which the medicaid program's reimbursement rate for medical transportation services is adjusted each fiscal biennium.

(3) Beginning not later than July 1, 2011, set the reimbursement rate for each medical transportation service that is also covered by the medicare program at an amount equal to at least eighty per cent of the medicare reimbursement rate for the service.

(4) Beginning not later than July 1, 2011, set the reimbursement rate for each medical transportation service that is not also covered by the medicare program at an amount equal to at least the average of the medicaid reimbursement rates for medical transportation services that are also covered by the medicare program.

Sec. 5111.029. (A) There is hereby created the Ohio medicaid transportation provider advisory council. The council shall consist of the following members:

(1) Three representatives of the Ohio ambulance and medical transportation association, appointed by the governor from recommendations the association makes to the governor;

(2) Two representatives of the work unit within the department of job and family services primarily responsible for the administration of the medicaid program, appointed by the director of job and family services;

(3) One representative of the Ohio medical transportation board, appointed by the board;

(4) The auditor of state or the auditor's designee.

(B) Each member of the Ohio medicaid transportation provider advisory council appointed to the board pursuant to divisions (A)(1) to (3) of this section shall serve a term of four years. Original appointments shall be made not later than ninety days after the effective date of this section. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring before the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.

(C) All members of the council shall serve without compensation or reimbursement, except as serving on the council is considered part of their usual job duties.

(D) The members of the council shall elect one of the members of the council to serve as the council's chairperson for a two-year term. The chairperson may be reelected to successive terms.

(E) The member of the Ohio medicaid transportation provider advisory council who represents the Ohio medical transportation board shall call the council to meet the first time. The chairperson of the council shall call the council to subsequent meetings. The council shall meet at least once every two years and at other times requested by the director of job and family services or the chief of the work unit within the department of job and family services primarily responsible for the administration of the medicaid program. At its meetings, the council shall examine whether the medicaid program's reimbursement rate for medical transportation services is sufficient to ensure that medicaid recipients have access to safe and efficient medical transportation services. In making the examination, the council may consider both of the following:

(1) Whether the reimbursement rate in effect at the time of the examination complies with federal and state laws governing the medicaid program and adequately covers providers' costs of providing the services;

(2) The change in the following since the last time the medicaid program's reimbursement for medical transportation services was adjusted:

(a) The consumer price index;

(b) The average price of fuel;

(c) The average cost of workers' compensation and insurance for medical liability, automobiles, and other business matters;

(d) The cost to purchase or lease medical transport vehicles and other necessary medical supplies;

(e) Other economic indicators the council deems worthy to consider.

(F) The Ohio medicaid transportation provider advisory council shall provide the director of job and family services with recommendations regarding the medicaid program's reimbursement rate for medical transportation services. The director may consider the council's recommendations when adjusting the medicaid program's reimbursement for medical transportation services for a fiscal biennium in rules adopted under section 5111.02 of the Revised Code.

(G) The department of job and family services shall provide the Ohio medicaid transportation provider advisory council with accommodations for the council to hold its meetings and shall provide the council with other administrative assistance that the council needs to perform its duties.

Section 2. As used in this section, "medical transportation services" means the services of a land ambulance, air ambulance, or ambulette provider.

The Medicaid program shall increase its reimbursement rate for medical transportation services not later than ninety days after the effective date of this section. The Director of Job and Family Services shall amend the Medicaid program's rules adopted under section 5111.02 of the Revised Code as necessary to accomplish this increase.