An Act concerning paratransit services.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
Department means the Department of Transportation.
Limousine means a motor vehicle registered under the provisions of section 12 of P.L.1979, c.224 (C.39:3-19.5) or registered as a limousine under the laws of another state or the United States and used exclusively in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such a motor vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture.
Limousine shall not include any taxicab, hotel or airport shuttle or bus, bus employed solely in transporting schoolchildren or teachers to and from school, or any vehicle owned and operated without charge or remuneration by a business entity for its own purposes.
Medicaid program or Medicaid means the State Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
Medicaid transportation service means the non-emergency medical transport of a beneficiary of the Medicaid program, which service is provided through the use of a mobility assistance vehicle or livery vehicle, is necessary for the beneficiary to receive covered medical services, and is provided in compliance with Title XIX of the federal Social Security Act (42 U.S.C. s.1396 et seq.), P.L.1968, c.413 (C.30:4D-1 et seq.), P.L.1981, c.134 (C.30:4D-6.2 et seq.), and any rules or regulations adopted thereunder.
Mobility assistance vehicle means a chauffeured vehicle that is staffed by certified trained personnel and which is used to transport a non-ambulatory Medicaid beneficiary who is sick, has an infirmity, or has a disability; is under the care and supervision of a physician; whose medical condition is not of sufficient magnitude or gravity to require transportation by ambulance, but is of sufficient magnitude or gravity to require transportation from place to place for medical care; and whose use of an alternate form of transportation might create a serious risk to the beneficiarys life or health.
Paratransit service means and includes any transportation service, other than fixed route transportation service, that is provided by the New Jersey Transit Corporation, whether directly or indirectly through contract, to comply with the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. s.12101 et seq.), by the Department of Labor and Workforce Development pursuant to P.L.1987, c.455 (C.34:16-51 et seq.), and by counties under the Senior Citizen and Disabled Resident Transportation Assistance Act, P.L.1983, c.578 (C.27:25-25 et seq.). Paratransit service shall include Medicaid transportation service, as delivered through the Medicaid programs non-emergency medical transportation broker and in accordance with the rules and regulations set forth by the Department of Human Services.
Taxicab means an autocab or taxi as defined in R.S.48:16-1, excluding school buses as defined in R.S.39:1-1, omnibuses as defined in R.S.39:1-1, and limousines.
Transportation network company means a corporation, partnership, sole proprietorship, or other entity that is registered as a business in the State or operates in this State and uses a digital network to connect a transportation network company rider to a transportation network company driver to provide a prearranged ride. For the purposes of this definition, the terms digital network, prearranged ride, transportation network company driver, and transportation network company rider shall have the same meanings as provided in section 2 of P.L.2017, c.26 (C.39:5H-2).
b. Notwithstanding any law, rule, or regulation to the contrary, except any law, rule, or regulation governing the Medicaid programs non-emergency medical transportation approval process, and to the extent permissible under federal law, for a period of two years following the effective date of this act, taxicabs, limousines, and transportation network companies shall be permitted to provide paratransit service within the State.
c. Within 60 days of the termination of the two-year period in which the provision of paratransit services is permitted by taxicabs, limousines, and transportation network companies, each paratransit provider that provided paratransit service by means of a taxicab, limousine, or transportation network company shall prepare and submit a report to the department containing the following information:
(1) information on the number of paratransit service rides provided during the two-year period;
(2) information on any vehicle safety, labor, environmental, or any other applicable violations that occurred during the provision of paratransit services; and
(3) information pertaining to each motor vehicle accident that occurred during the provision of paratransit services and any related injuries or insurance claims that resulted from each motor vehicle accident.
d. Within 90 days of the termination of the two-year period in which the provision of paratransit services is permitted by taxicabs, limousines, and transportation network companies, the Department of Transportation, in consultation with the New Jersey Transit Corporation, the Department of Human Services, the Department of Labor and Workforce Development, and the Department of Health, shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature concerning the efficacy of allowing taxicabs, limousines, and transportation network companies to provide paratransit services in the State. The report shall include, at a minimum:
(1) information on the number of contracts entered into with paratransit providers that are taxicabs, limousines, or transportation network companies during the two-year period;
(2) information concerning the advantages and disadvantages of permitting taxicabs, limousines, and transportation network companies to provide paratransit services;
(3) a summary of the information provided to the department by each paratransit service provider pursuant to subsection c. of this section; and
(4) a recommendation of whether the temporary provision of paratransit service by taxicabs, limousines, and transportation network companies should be made permanent.
The department shall publish the report on the departments Internet website following the submission of the report to the Governor and Legislature.
2. This act shall take effect on the first day of the fourth month next following the date of enactment, but the Commissioner of Transportation may take anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act, and shall expire following the submission of the departments report to the Governor and the Legislature pursuant to subsection d. of section 1 of this act.