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Medicaid officials warn volunteer driver waiver could clash with federal rules; committee urges expedited agency‑stakeholder talks
Summary
Department of Vermont Health Access officials told the Senate Transportation Committee that proposed language to waive background checks for volunteer non‑emergency medical transport (NEMT) drivers conflicts with federal Medicaid requirements and member‑safety checks; they proposed stakeholder work during an upcoming RFP process instead.
Department of Vermont Health Access officials told the Senate Transportation Committee on April 17 that proposed language to ease background checks for volunteer non‑emergency medical transportation drivers would likely conflict with federal Medicaid requirements and protections for medically vulnerable members.
Alex McCracken, director of communications and legislative affairs at DVHA, and Grace Johnson, a policy analyst at the Agency of Human Services (AHS), said federal Medicaid rules and DVHA’s NEMT provider manual require checks aimed at preventing fraud, waste and abuse and protecting member safety. The manual specifies database checks such as HHS exclusion lists and criminal records searches (for example, the National Crime Information Center and the Vermont Crime Information Center) and registry checks for adult and child abuse where applicable.
“Medicaid is not responsible for the general operation or deficit financing of public or private transportation providers,” McCracken told the committee, quoting federal guidance. DVHA said the program’s federal funding and audit risk limit Vermont’s ability to waive required checks in statute.
DVHA also noted the program must consider member safety: Medicaid members include children, people with severe disabilities, behavioral‑health needs, and long‑term‑care recipients. DVHA noted the Affordable Care Act established a national background‑check framework for certain long‑term providers and said exempting volunteers from checks could create inconsistent safeguards.
DVHA asked the committee to remove or delay the statutory waiver language and instead let DVHA and Vermont Public Transit Association (VPTA) work together during the department’s upcoming NEMT contract procurement and RFP process this summer. DVHA said it will engage bidders and stakeholders to identify the offenses that presently exclude applicants and to evaluate whether narrowly tailored categorical exemptions or adjusted screening approaches could expand the volunteer pool without running afoul of federal law or member‑safety requirements.
Committee members said they want the agencies to continue discussions with VPTA and other stakeholders during the contracting window and requested a timetable. DVHA replied that its NEMT contract is set to expire and the RFP work begins this summer, and the department is willing to meet with stakeholders before issuing the RFP so procurement and screening requirements can reflect shared goals where legally permissible.
Senators and transportation stakeholders said the volunteer‑driver issue has persisted for years and asked DVHA and VPTA to produce draft language or a report before final contract specifications are issued. DVHA agreed to pursue expedited stakeholder engagement and to return to the committee with proposals that are consistent with federal law and member safety.
