Section 41.11. Transportation of persons to or from medical locations by paratransit operations utilizing specialized equipment—statement of policy

(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

Health care facility—A general or special hospital, as defined in section 103 of the Health Care Facilities Act (35 P. S. § 448.103).

Health care institution—The major categories of health care institutions include: hospitals, nursing care institutions, home health agencies, infirmaries and behavorial health services.

Health care provider—A person who operates a health care facility, health care institution or health maintenance organization.

Health maintenance organization—An organization which provides health care services as defined in section 103 of the Health Care Facilities Act.

(b) If the following circumstances are present, the Commission will regard that operation as beyond the regulatory jurisdiction of the Commission, under 66 Pa.C.S. § 102(9) (relating to definitions):

(1) The transportation is performed by a carrier providing paratransit service utilizing specialized equipment.

(2) The passengers are persons, including patients, who—because they are injured or ill—require transportation to or from health care providers, as defined in this section.

(c) This policy statement effectuates the Commonwealth Court decision of Chappell v. Pennsylvania Public Utility Commission, 57 Pa. Commw. 17, 425 A.2d 873 (1981).

(d) This policy statement also incorporates the Commonwealth Court decision of Triage, Inc. v. Pennsylvania Public Utility Commission, 69 Pa. Commw. 230, 450 A.2d 790 (1982) and the Commission’s decision of Pennsylvania Public Utility Commission v. National MediVans, Inc., Docket No. C-903059 (Order entered April 18, 1991).

The provisions of this § 41.11 adopted September 11, 1981, effective September 12, 1981, 11 Pa.B. 3108; amended September 11, 1981, effective September 12, 1981, 11 Pa.B. 3553; amended September 6, 1991, effective November 6, 1991, 21 Pa.B. 3998. Immediately preceding text appears at serial page (134474).