Can TNCs operate as NEMTs in Florida?

What are TNCs? 

Transportation Network Companies (TNCs) use online platforms to provide transportation to riders. TNC drivers are independent contractors and use their own vehicles to provide services to riders. 

What are NEMTs?

An NEMT is non-emergency medical transportation. NEMTs are used by people who need help with transportation to and from their medical appointments for various reasons. 

What licenses are required to operate as a TNC in Florida? 

A TNC operating in Florida must first obtain a Transportation Network Company license by the Florida Department of Financial Services which can be obtained by submitting an application and paying a fee. A TNC then must obtain a Vehicle for Hire Permit which is issued by the local government and required for each vehicle that will be used for the TNC. Additionally, each vehicle to be used must be registered with the Florida Department of Highway Safety and Motor Vehicles and have insurance coverage. Each driver working for a TNC must undergo a background check through the Florida Department of Law Enforcement and each driver must have a driver’s license issued by the Florida Department of Highway Safety and Motor Vehicles. 

TNCs must comply with the Federal Motor Carrier Safety Administration’s regulations for commercial vehicles and drivers. Additionally, TNCs must comply with regulations for vehicle maintenance and driver qualifications. There is no federal license for a TNC, but TNCs must follow federal regulations for data privacy and security, among other regulations, to operate in Florida. 

What are the Requirements to operate an NEMT in FL?

An NEMT in Florida must obtain a Certificate of Public Convenience and Necessity from the Florida Department of Business and Professional Regulation. Obtaining this certificate is competitive and requires the potential NEMT to provide their financial resources, experience, and qualifications. After obtaining the certificate, the vehicles must be registered and insured, drivers must be licensed, the company must have a valid insurance policy, and the company must comply with all applicable laws and regulations. In order to help ensure the safety and well-being of all passengers and drivers there are best practices NEMTs should follow including screening the drivers, providing the drivers with training, monitoring their drivers, and providing customer service. 

NEMT drivers in Florida must be at least 21 years old with a valid driver’s license and clean driving record. Drivers must complete a program approved by the Department of Health and Rehabilitative Services. Additionally, they must be able to communicate effectively with passengers. All vehicles also must be in good condition and equipped with the appropriate safety equipment. 

Can TNCs provide NEMT services in Florida? 

A TNC can operate as an NEMT in Florida if it is under a contract with a Medicaid managed care plan, is under contract with a transportation broker that is under contract with a Medicaid managed care plan or the Agency for Healthcare Administration (AHCA), or if it receives referrals from a transportation broker contracted with a Medicaid managed care plan or the AHCA. TNC drivers providing NEMT must comply with the background screenings for NEMT drivers or a functionally equivalent background test. 

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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