Guam § 23111 - The Senator Edward J. Cruz Medical Referral and

§ 23111. The Senator Edward J. Cruz Medical Referral and

Education Mileage Program.

(a) Title. This Section may be cited and referred to as the “Senator

Edward J. Cruz Medical Referral and Education Mileage Program.”

(b) Medical Referral and Education Mileage Program. There is

hereby created within the government of Guam and accrued travel

mileage program for the use of travel mileage earned as a result of all

COL1242015

purchases made by the government of Guam through the use of

government of Guam credit card purchases. This program shall be

known as the Senator Edward J. Cruz Medical Referral and Education

Mileage Program (MREMP) to be administered by the Department of

Administration for all travel conducted by employees of the Executive

Branch of the government of Guam. The Guam Legislature, the Unified

Judiciary of Guam, and other agencies, instrumentalities, autonomous

agencies, and public corporations of the government of Guam that

purchase airline tickets through the use of credit cards, shall administer

their respective accrued travel mileage programs pursuant to the

requirements of this Section.

(c) Definitions. For the purposes of this Section the following

words and phrases are defined to mean:

(1) Account means the Senator Edward J. Cruz Medical

Referral and Education Mileage Program established under this

Section.

(2) Accrued mileage means those miles accrued by the

government of Guam, specifically the Department of

Administration, the Guam Legislature, the Unified Judiciary of

Guam, and other agencies, instrumentalities, autonomous agencies,

and public corporations of the government of Guam that use credit

cards to purchase airline tickets.

(3) Employee means all persons employed within the

government of Guam, whether classified, unclassified, full-time,

part-time, temporary, or on a limited-term basis; all elected officials,

judges, mayors, individual consultants, and members of boards and

commissions.

(4) Travel benefit means a program designed by an airline that

awards accrued mileage and benefit programs to its clients.

(d) Requirement. All accrued mileage earned through the use of

credit cards for travel by employees of the legislative, judicial and

executive branches, including, but not limited to, all government

agencies, instrumentalities, autonomous and semi-autonomous agencies,

public corporations, the University of Guam, the Guam Community

College, the Guam Visitors Bureau, the Department of Education, all

elected officials, individual consultants of the government of Guam, and

COL1242015

members of boards and commissions, as well as non-government persons

traveling at government of Guam or federal government expense, shall

be available to support off-island medical care, and off-island student

travel involving academic, sports and cultural activities.

The following agencies, instrumentalities, and autonomous agencies

of the government of Guam shall use their respective accrued mileage

account to support off-island medical referrals and off-island student

travel based on the following distribution guideline:

(1) Department of Administration - fifty percent (50%) of the

accrued mileage maintained by this entity shall be used to send

eligible students to participate at off-island academic activities,

including, but not limited to, Close-Up and the Junior Statesmen of

America. The remaining fifty percent (50%) shall be used to

support off-island medical referrals pursuant to Subsection (f).

(2) Department of Education, Guam Community College,

University of Guam – one hundred percent (100%) of the accrued

mileage maintained by these entities shall be used to send eligible

students to participate at off-island academic activities, including,

but not limited to, Close-Up and the Junior Statesmen of America.

(3) Guam Power Authority, Guam Waterworks Authority –

one hundred percent (100%) of the accrued mileage account

maintained by these entities shall be used to send eligible students to

participate at off-island sports competitions.

(4) Antonio B. Won Pat Guam International Airport

Authority, Guam Visitors Bureau, Jose D. Leon Guerrero Port

Authority of Guam – one hundred percent (100%) of the accrued

mileage maintained by this entity shall be used to send eligible

students to participate at off-island cultural activities, including, but

not limited to, arts and humanities competitions and international

cultural festivals and exchanges.

(5) Guam Legislature, Unified Judiciary of Guam – one

hundred percent (100%) of the accrued mileage maintained by these

entities shall be used to send eligible students to participate at off-

island academic activities, including, but not limited to, Mock Trial

and National Forensic League competitions.

COL1242015

(6) All agencies, instrumentalities, autonomous agencies, and

public corporations of the government of Guam not mentioned in

items (1) through (4) of this Subsection shall use their accrued

mileage to send eligible students to participate at off-island

academic, sports and cultural activities, as authorized by the

Superintendent of Education.

(e) Eligibility.

(1) The following persons are eligible for participation to

receive the mileage for off-island medical care:

(A) patients under the Medically Indigent Program;

patients under other DPHSS income-based health programs as

approved by the Director of the Department of Public Health

and Social Services; and patients with serious medical illness

and financial need as determined by the Director of DPHSS

pursuant to the Administrative Adjudication Law.

(B) all health care staff (physicians, nurses, technicians)

providing direct care to the patient being transported, as

approved by the Medical Director of the Guam Memorial

Hospital Authority, or his/her designee.

(2) Patient eligibility shall be based upon:

(A) financial need as identified under the requirements of

the Medically Indigent Program, or under the requirements of

other DPHSS income-based health programs, or by any other

needs based requirements for patients with any medical illness

as prescribed by the Director of the Department of Public

Health and Social Services pursuant to the Administrative

Adjudication Law process;

(B) lack of availability of required medical services on

Guam; and

(C) urgency and severity of illness, as documented by an

attending physician.

(3) A GDOE student who is authorized by a committee

established by the Superintendent of Education to participate at an

off-island academic, sports or cultural activity is also eligible for

participation to receive the mileage benefits.

COL1242015

(f) Authorized Use. Fifty percent (50%) of the accrued mileage

account, administered by the Department of Administration, shall be

used to send patients off-island, through a certified medical referral for

patients, to a destination determined by the patient’s duly licensed

physician with the concurrence of the Medically Indigent Program

Coordinator of the Department of Public Health and Social Services.

(g) Other Travel Benefits. All other travel benefits, including, but

not limited to, volume purchase discounts and accrued number of ticket

purchases for free flight benefits and promotional travel benefits shall be

accrued and used for the purpose of this Program. The Director of

Administration shall establish procedures for management of these

benefits and for distribution as requested by the Medically Indigent

Program Coordinator of the Department of Public Health and Social

Services, or his/her designee.

(h) Credit Card Agreement; Accrued Mileage Program. The Guam

Legislature, the Unified Judiciary of Guam, and departments, agencies,

instrumentalities, autonomous agencies, and public corporations of the

government of Guam shall exercise due diligence and seek to enter into

an agreement with a bank(s) on Guam for a credit card(s) to use as

payment for travel for employees traveling on government and/or

federally funded travel, and to accrue travel mileage through a

participating airline(s), which shall be used in accordance with the

provisions of this Act. Each department, instrumentality, autonomous

agency, and public corporation of the government of Guam shall

maintain their respective accrued mileage program, which shall be used

exclusively to support off-island medical referrals and off-island student

travel involving academic, sports and cultural activities, pursuant to the

distribution guidelines set forth in items (1) through (6) of Subsection

(d). The Department of Administration shall be responsible for

maintaining an accrued mileage account for all travel under its purview.

(i) Rules and Regulations. The Director of the Department of

Public Health and Social Services in collaboration with the Director of

the Department of Administration shall jointly promulgate rules and

regulations, specifically for the use of accrued mileage for off-island

medical referrals, within sixty (60) days from the date of enactment of

this Section. The Superintendent of Education shall in collaboration with

the heads of all agencies, departments, instrumentalities, autonomous

agencies, and public corporations of the government of Guam, to include

COL1242015

the Executive Director of the Guam Legislature and the Administrator of

the Courts, shall promulgate rules and regulations, specifically for the

use of accrued mileage for off-island student travel involving academic,

sports and cultural activities. These rules and regulations shall be

promulgated pursuant to Article 3, Chapter 9 of Title 5, Guam Code

Annotated, the Administrative Adjudication Act, Rule Making

Procedures.

(j) Transfer fee or other related fees and taxes. In the event a

transfer fee or other related fees and taxes is required to secure off-island

travel, as authorized herein, such fee(s) shall be borne by the traveler.