A. A transportation network company may connect a driver to a rider for the purpose of providing non-emergency medical transportation services, including providing non- emergency medical transportation services under the state’s medicaid program.

B. The medical assistance division of the human services department shall promulgate rules necessary for the implementation of this section as soon as practicable. Except as provided in Subsection C of this section and as may otherwise be necessary to conform to applicable federal requirements for the provision of transportation benefits to persons receiving benefits from the state’s medicaid program, the requirements imposed by the medical assistance division of the human services department for transportation network companies and drivers to facilitate or provide non-emergency medical transportation for medicaid recipients, including requirements for enrollment and vehicle specifications, shall not exceed those imposed by the Transportation Network Company Services Act.

C. A transportation network company driver shall not provide a non-emergency medical transportation service to a medicaid recipient through a transportation network company’s digital network prior to completion by the transportation network company of a:

(1)     criminal background check of the driver pursuant to Section 65-7-12 N.M. Stat. Ann.;

(2)     review of whether the driver is listed as excluded from participation in the federal medicare, medicaid and other health care programs by the United States department of health and human services inspector general; and

(3)     review of whether the driver is excluded from federal contracts, grants or other agreements by the United States general services administration as either a known fraudulent actor or as a fraud risk.

D. The medical assistance division of the human services department may require that, prior to facilitating non-emergency medical transportation services for a medicaid recipient of the state’s medicaid program, a transportation network company be under contract with a transportation broker.

E. Prior to the adoption of rules promulgated pursuant to Subsection B of this section, a transportation network company operating under a valid permit issued pursuant to Section 65-7-4 N.M. Stat. Ann. that contracts with a transportation broker may facilitate non-emergency medical transportation services for medicaid recipients of the state’s medicaid program.

F. The provisions of Section 65-7-18 N.M. Stat. Ann. shall extend to the regulation of companies, drivers and vehicles facilitating or providing non-emergency medical transportation services as authorized in this section.

G. Nothing in this section shall be construed to:

(1)     authorize a company or a driver to provide ambulance services, as defined in Section 65-2A-3 N.M. Stat. Ann.; or

(2)     abridge the application of the provisions of the Transportation Network Company Services Act to, or the services provided by, a transportation network company or a driver.